U.S. District Judge Jeffrey White Rules DOMA is Unconstitutional

In another favorable decision for the LGBT community, U.S. District Judge Jeffrey White ruled in Golinski v. U.S. Office of Personnel Management that the 1996 federal Defense of Marriage Act (DOMA) is unconstitutional.

“The Court finds the contention similar to arguments that were advanced in support of antimiscegenation laws,” White wrote. “This court finds that Congress cannot, like an ostrich, merely bury its head in the sand and wait for danger to pass, especially at the risk of permitting continued constitutional injury upon legally married couples.”

Golinski and her partner have been in a committed relationship for more than 20 years.  They filed as Domestic Partners with the City and County of San Francisco in 1995 and with the State of California in 2003.  They were married in California on August 21, 2008.

Golinski is employed as staff attorney in the Motions Unit of the Office of Staff Attorneys in the United States Court of Appeals for the Ninth Circuit.  When the Administrative Office of the United States Courts denied to provide insurance to her spouse because they are both women, Golinski filed suit.

It should come as no surprise that an appeal of the decision is expected.

Read the decision here.

Read more on the decision here.

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UPDATE 3/27/12:  Read Federal health benefits win for gay couple is limited     [Washington Post]

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Disclaimer: The information, comments and links posted on the blog do not constitute legal advice. I will not respond to any specific legal questions in the comments section of this blog.  Read my entire disclaimer.

copyright 2012 Irene C. Olszewski

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