BREAKING: DOMA's Federal Definition of Marriage Unconstitutional, Judge Rules in Golinski Case
Today, the U.S. District Court for the Northern District of California issued its order finding that Section 3 of the Defense of Marriage Act -- the federal definition of marriage -- is unconstitutional in Golinski v. Office of Personnel Management, Karen Golinski's challenge to the denial of her request for equal health insurance benefits for her wife.
Golinski, a federal court employee, brought suit after denied the request. She is represented by Lambda Legal Defense and Education Fund.
In part, U.S. District Court Judge Jeffrey S. White found:
The Court concludes that, based on the justifications proffered by Congress for its passage of DOMA, the statute fails to satisfy heightened scrutiny and is unconstitutional as applied to Ms. Golinski.
http://www.metroweekly.com/poliglot/2012/02/domas-federal-definition-of-ma.html
BREAKING NEWS: DOMA ruled unconstitutional in California case
(snip)
District Judge Jeffery White, an appointee by President George W. Bush in 2002, ruled that DOMA violates the rights of Karen Golinski, who was denied spousal health benefits by her employer, the Ninth Circuit Court of Appeals in San Francisco.
http://sdgln.com/news/2012/02/22/breaking-news-doma-ruled-unconstitutional-california-case
RKP5637
(67,086 posts)cstanleytech
(26,229 posts)Iggo
(47,534 posts)We're getting there, kids!
24601
(3,955 posts)only the USSC?
AtheistCrusader
(33,982 posts)Be nice to knock this law over once and for all.
Swede Atlanta
(3,596 posts)The District Court is an inferior court of the 9th Circuit Appeals Court. It lacks authority to overturn a decision of a superior court.
The reference to the 9th Circuit appears to be in reference to the Plaintiff's employer, i.e. she works for the 9th Circuit. The 9th Circuit failed to provide her with benefits not as a result of judicial review but rather as an employer. I have to assume federal agencies, including the courts, have guidelines regarding spousal benefits.
The District Court judge simply held that the denial of benefits by the 9th Circuit as an employer is unconstitutional on an "as applied" basis.
The appellate process is to the 9th Circuit starting with a 3-judge panel of that circuit. From there a plaintiff or defendant can appeal to the full 9th Circuit or appeal to the Supreme Court.
24601
(3,955 posts)inherent interest as respondents, how could any of 9th circuit judges sit on an appeal.
Ms. Toad
(33,992 posts)(Same situation as one of the other cases already on appeal for the same section of DOMA)
24601
(3,955 posts)JI7
(89,239 posts)he can talk about the false conservatives and how they need him to "save" god or some shit like that.
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