Gill et al v. Office of Personnel Management et al

Filing 71

Judge Joseph L. Tauro: JUDGMENT ORDER entered. (Geraldino-Karasek, Clarilde)

Case 1:09-cv-10309-JLT Document 71

Filed 08/12/10 Page 1 of 2

UNITED STATES DISTRICT COURT DISTRICT OF MASSACHUSETTS

NANCY GILL & MARCELLE LETOURNEAU, et al., Plaintiffs, v. OFFICE OF PERSONNEL MANAGEMENT, et al., Defendants.

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Civil Action No. 09-10309-JLT

JUDGMENT August 12, 2010 TAURO, J. Having allowed Plaintiffs' Motion for Summary Judgment [#25], this court hereby enters the following judgment in this action: 1. This court declares that Section 3 of the Defense of Marriage Act, 1 U.S.C. § 7, is unconstitutional as applied to Plaintiffs. 2. Defendants are enjoined from discriminating against Plaintiffs by treating them differently from similarly situated individuals who are married to persons of the opposite sex. 3. Defendant Michael J. Astrue shall review the applications for Social Security Benefits of Plaintiffs Jo Ann Whitehead, Randy Lewis-Kendell, and Herb Burtis, without regard to Section 3 of the Defense of Marriage Act, 1 U.S.C. § 7.

Case 1:09-cv-10309-JLT Document 71

Filed 08/12/10 Page 2 of 2

4.

This case is hereby CLOSED.

IT IS SO ORDERED. /s/ Joseph L. Tauro United States District Judge