Legal Opinion
Dragovich v. United States Department of the Treasury
District Court, N.D. California
Decided January 18, 2011No. 10-01564 CWPublishedCited by 13 opinions
1Opinion of the Court
ORDER DENYING FEDERAL DEFENDANTS’ MOTION TO DISMISS (Docket No. 25)
CLAUDIA WILKEN, District Judge.
Plaintiffs bring a constitutional challenge to section three of the Defense of Marriage Act (DOMA), 1 U.S.C. § 7, and section 7702B(f) of the Internal Revenue Code (I.R.C.), 26 U.S.C. § 7702B(f), which interfere with their ability to participate in a state-maintained plan providing long-term care insurance. Long-term care insurance provides coverage when a person needs assistance with basic activities of living due to injury, old age, or severe impairments related to chronic illnesses, such as…
2Cases cited45 opinions
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- City of Cleburne v. Cleburne Living Center, Inc.Supreme Court of the United States · 1985
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3Cited by13 opinions
- Obergefell v. HodgesSupreme Court of the United States · 2015
- Golinski v. United States Office of Personnel ManagementDistrict Court, N.D. California · 2012
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- Windsor v. United StatesDistrict Court, S.D. New York · 2012
- Revelis v. NapolitanoDistrict Court, N.D. Illinois · 2012
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