Federal Judge Awards Benefits to Same-Sex Spouse

A Philadelphia federal judge recently ruled that thesame-sex spouse of a deceased city lawyer should receive the $49,000 paymentfrom her firm’s profit-sharing plan.

Citing the Windsordecision, the judge found “the term spouseis no longer unconstitutionally restricted to members of the opposite sex, butnow rightfully includes those same-sex spouses in ‘otherwise valid marriages.’”  Jennifer Tobits was unquestionably the spouseof Sarah Ellyn Farley and, therefore, was entitled to the payment Farley earnedat the firm Cozen O’Connor.

Farley’s parents, who never approved of the marriage,challenged Tobits’ claim to the plan’s payment. Even though Pennsylvania does not allow same-sex marriages, the judgefound that, under the terms of the plan, ERISA preempted Pennsylvania law.

See Joseph A.Slobodzian, Judge Awards Late Lawyer’sBenefits to Lesbian Spouse, Philly.com, July 31, 2013.