Pa Judge Darnell Jones II gave the Department of Justice a chance to weigh in on the constitutionality of the Act in October before ruling on the case. The Department responded with a brief upholding the Obama administration’s vow to no longer defend DOMA, deeming it unconstitutional.
The case began when Jennifer Tobits, who married law firm partner Sarah Ellyn Farley in a 2006 Canadian civil union ceremony, argued that she was the sole heir to Farley’s estate, a claim that was upheld in an Illinois probate court ruling. Illinois did not recognize same-sex marriages in 2006, but it does now.
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