The Servicemembers Legal Defense Network will file a federal lawsuit on behalf of married gay military members impacted by DOMA.
The Servicemembers Legal Defense Network will argue that the federal Defense of Marriage Act violates the Fifth Amendment right to due process, in what the group says will be the first case of its kind. “That has never been done before,” Aubrey Sarvis, executive director of SLDN, told The Huffington Post. Sarvis, who spoke about his group’s plans at the OutServe Armed Forces Leadership summit here over the weekend, said the case would be brought by several currently serving members of the military who were married in the seven jurisdictions where same-sex marriages are legal. He declined to identify the plaintiffs. “We’re looking at all the legal remedies available,” Sarvis said, noting that the group also is working to change Title 10 of the U.S. Code, which governs the armed forces and defines marriage as between two individuals of the opposite sex.
RELATED: Next month the Senate Judiciary Committee will consider the bill to repeal DOMA. Even if successful in the Senate, the bill will see no traction in the House.