Wednesday, February 22, 2012

Breaking: Another court finds DOMA unconstitutional

In the case Golinski vs OPM, DOMA has been found unconstitutional in another district court.  In this case, legally married Californian Karen Golinski sought medical benefits for her spouse.  This will probably go on appeal to the 9th circuit.  Interestingly both Judge Tauro (in MA, in Gill) and Judge White (in Golinski) are Republican appointees.  More background here.

This isn't the first time.  DOMA (the defense of marriage act) was previously found unconstitutional in district court in the cases consolidated as Gill v OPM, and that is under appeal in the 1st circuit.   So (as with Prop8), despite opinions against it, we still endure it.

From  Poliglot, quoting the decision
The Court finds that neither Congress' claimed legislative justifications nor any of the proposed reasons proffered by BLAG constitute bases rationally related to any of the alleged governmental interests. Further, after concluding that neither the law nor the record can sustain any of the interests suggested, the Court, having tried on its own, cannot conceive of any additional interests that DOMA might further.
It's hard to get excited since it was over a year ago that Judge Tauro had similar findings.  There are at least 8 DOMA cases at various stages of litigation.  And still my marriage is not federally recognized.

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