Victory Lap: BigLaw Partner Discusses Pair of Wins on Same-Sex Marriage

In two separate cases, a federal judge in Boston on Thursday ruled that the federal Defense of Marriage Act (DOMA) violated the Constitution by denying federal benefits to married gay men and lesbians and by forcing Massachusetts to discriminate in order to obtain federal funds for certain programs.

Gill v. Office of Personnel Management was filed by Gay & Lesbian Advocates and Defenders (GLAD) on behalf of seven married same-sex couples and three widowers from Massachusetts; Massachusetts v. Department. of Health and Human Services was brought by Massachusetts Attorney General Martha Coakley on behalf of the state.

The National Law Journal's Marcia Coyle spoke with Paul Smith, partner in Jenner & Block and chair of the firm's Supreme Court and Appellate Practice group, about the significance of the rulings. Smith was involved in the Gill case.

The National Law Journal: Please explain what role you had in the Gill lawsuit.

Jenner & Block's Paul Smith

Paul Smith: I was among the counsel representing the Gill plaintiffs, along with co-lead counsel Mary Bonauto and Gary Buseck from Gay & Lesbian Advocates & Defenders and attorneys from two other firms -- Foley Hoag and Sullivan & Worcester.

NLJ: There were two lawsuits and two decisions by Judge Tauro. Did the plaintiffs in both prevail in all that they sought?

Smith: We prevailed on nearly all of our ...