Dean T. Hara v. Office of Personnel Management

N OTE: This order is nonprecedential.
United States Court of Appeals
for the Federal Circuit
______________________
DEAN T. HARA,
Petitioner,
v.
OFFICE OF PERSONNEL MANAGEMENT,
Respondent.
______________________
2009-3134
______________________
Petition for review of the Merit Systems Protection
Board in No. PH0831080099-I-2.
______________________
ON MOTION
______________________
Before L OURIE, O’MALLEY , AND REYNA, Circuit Judges.
O’MALLEY , Circuit Judge.
O R D E R
When Gerry E. Studds retired as a Congressman from
the state of Massachusetts, he was married to petitioner
Dean Hara under Massachusetts law. After the Con-
gressman died in 2006, petitioner filed with the Office of
Personnel Management (OPM) a request for spousal
Case: 09-3134 Document: 34 Page: 1 Filed: 09/16/2013

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DEAN HARA v. OPM 2
survivor annuity benefits based upon the Congressman’s
federal service.
In its initial and reconsideration decisions, OPM
denied that request. On review, an administrative law
judge of the Merit Systems Protection Board affirmed
OPM’s ruling. The Board’s administrative judge held that
while Congressman Studds clearly wished for petitioner
to receive a spousal survivor annuity the petitioner was
not recognized as the Congressman’s “spouse” under § 3 of
the Defense of Marriage Act, and petitioner was thus
barred from receiving such benefits.
Petitioner sought review of that decision in this court.
We held the case in abeyance pending the Supreme
Court’s review of the constitutionality of § 3 of DOMA.
On June 26, 2013, the Supreme Court issued its opinion
in United States v. Windsor, 133 S. Ct. 2675, 2695 (2013),
holding that § 3 of DOMA “is unconstitutional as a depri-
vation of liberty of the person protected by the Fifth
Amendment of the Constitution.”
In light of the Supreme Court’s decision in Windsor,
the parties agree that the Board’s decision should be
vacated and the matter remanded for proceedings con-
sistent with the Supreme Court’s decision.
Accordingly,
I T I S O RDERED T HAT :
(1) The motion is granted. The decision of the Board
is vacated and the matter remanded for further proceed-
ings consistent with Windsor.
(2) Each side shall bear its own costs.
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DEAN HARA v. OPM 3
F OR THE COURT
/s/ Daniel E. O’Toole
Daniel E. O’Toole
Clerk
s19
ISSUED AS MANDATE: September 16, 2013
Case: 09-3134 Document: 34 Page: 3 Filed: 09/16/2013

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