DOMA Ruled Unconstitutional in California Court

Just in from San Diego Gay and Lesbian News:

SAN FRANCISCO – The Defense of Marriage Act (DOMA) violates the U.S. Constitution’s equal protections clause, a federal judge ruled today in an important test case in California that could have national implications. 

Lambda Legal just tweeted the breaking news, noting that this is the first DOMA-related ruling since the Justice Department said that the federal law is unconstitutional and that it would not defend it in court.

Tara Borelli, one of the lead attorneys in the case, said "This ruling spells doom for DOMA."
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.

Lambda Legal is representing Golinski in the case Golinski v. United States Office of Personnel Management.

In January 2008, Chief Judge Alex Kozinksi of the Ninth Circuit ruled that the decision to deny benefits to Golinski violated the Ninth Circuit’s own employment policies prohibiting sexual orientation discrimination. However, the federal Office of Personnel Management (OPM) argued that DOMA prevented health-care coverage for gay and lesbian spouses of federal employees, and ordered the insurer of Golinski’s wife, Amy Cunninghis, to deny coverage.

Lambda Legal sued the federal government and OPM on Jan. 20, 2010.

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Related articles

• U.S. Department of Justice Fights DOMA in Golinski Case (oblogdeeoblogda.wordpress.com)
• Proposition 8 Ruling Analysis: The DOMA Factor (towleroad.com)

9th Circuit Rules Prop 8 Unconstitutional

Image via WikipediaIn a very narrow ruling that applies only to the case at hand, the 9th Circuit Court ruled this morning that California's Proposition 8 is unconstitutional. The court ruled to uphold Judge Vaughan Walker's decision in part on the basis that Prop 8 removed a right that had previously been granted and violated the US Constitutional right to due process and equal protection.

Further, the court found that the proponents' request to vacate Walker's ruling on the basis that he stood to gain by overturning the anti-gay voter initiative by marrying his partner, was without merit.

The court left the door open to appeal the case, finding that the proponents of Prop 8 had standing in the case, since California governor Jerry brown and his predecessor, Arnold Scharzeneggar chose not to appeal. The question remains as to whether or not the conservative US Supreme Court will choose to hear the case. If not, the ruling will stand as is and only apply to California.

As of right now, it is legal for same-sex couples to marry in California. There has been no word yet about whether the court will issue a stay in the case, but it's safe to say that proponents of Prop 8 will request one.

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