Commonwealth of Massachusetts v. United States Department of Health and Human Services et al

Filing 63

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

Case 1:09-cv-11156-JLT Document 63

Filed 08/12/10 Page 1 of 2

UNITED STATES DISTRICT COURT DISTRICT OF MASSACHUSETTS COMMONWEALTH OF MASSACHUSETTS, * * Plaintiff, * * v. * * UNITED STATES DEPARTMENT OF HEALTH * AND HUMAN SERVICES; KATHLEEN * SEBELIUS, in her official capacity as the * Secretary of the United States Department of * Health and Human Services; UNITED STATES * DEPARTMENT OF VETERANS AFFAIRS; * ERIC K. SHINSEKI, in his official capacity as * the Secretary of the United States Department of * Veterans Affairs; and the UNITED STATES OF * AMERICA, * * Defendants. * JUDGMENT August 12, 2010 TAURO, J. Having allowed Plaintiff's Motion for Summary Judgment [#26], this court hereby enters the following judgment in this action: 1. 1 U.S.C. § 7 is unconstitutional as applied in Massachusetts, where state law recognizes marriages between same-sex couples. 2. 1 U.S.C. § 7 as applied to 42 U.S.C. §§ 1396 et seq. and 42 C.F.R. pts. 430 et seq. is unconstitutional as applied in Massachusetts, where state law recognizes marriages between same-sex couples. 3. 1 U.S.C. § 7 as applied to 38 U.S.C. § 2408 and 38 C.F.R. pt. 39 is unconstitutional as applied in Massachusetts, where state law recognizes marriages

Civil Action No. 09-11156-JLT

Case 1:09-cv-11156-JLT Document 63

Filed 08/12/10 Page 2 of 2

between same-sex couples. 4. Defendants and any other agency or official acting on behalf of Defendant the United States of America is hereby enjoined from enforcing 1 U.S.C. § 7 against Massachusetts and any of its agencies or officials. 5. This case is hereby CLOSED.

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

2