Karen Golinski Wins Health Care Benefits As Court Declares Defense Of Marriage Act Unconstitutional

SAN FRANCISCO — A federal judge in San Francisco ruled Wednesday that the U.S. government cannot deny health benefits to the wife of a lesbian court employee by relying on the 1996 law that bars government recognition of same-sex unions.

U.S. District Judge Jeffrey White said that because the Defense of Marriage Act unconstitutionally discriminates against same-sex married couples, the government's refusal to furnish health insurance to Karen Golinski's wife is unjustified.

"The Court finds that DOMA, as applied to Ms. Golinski, violates her right to equal protection of the law ... by, without substantial justification or rational basis, refusing to recognize her lawful marriage to prevent provision of health insurance coverage to her spouse," White wrote in a 43-page decision that marks the third time in less than two years a federal court has declared the act unconstitutional.

Golinski, a staff lawyer for the 9th U.S. Circuit Court of Appeals, has been trying to secure spousal benefits for her wife, Amy Cunninghis, since shortly after the couple got married during the brief window in 2008 when same-sex marriages were legal in California. Her boss, Chief Judge Alex Kozinski, approved her request, but the Office of Personnel Management ordered Golinski's insurer not to process her application.

After Golinski sued, the Department of Justice originally opposed her in court but changed course last year after President Barack Obama and Attorney General Eric Holder said they would no longer defend the Defense of Marriage Act.

When White heard the case in December, the head of the Justice Department's civil division, Tony West, joined her lawyers from the gay rights legal group Lambda Legal in arguing on Golinski's behalf, leaving the job of defending DOMA to a lawyer hired by a House of Representatives group. The lawyers representing the Bipartisan Legal Advisory Group convened by House Speaker John Boehner did not immediately respond to an email to their offices sent after business hours Wednesday.

Former speaker and Minority Leader Nancy Pelosi issued a statement saying White's ruling demonstrated "that the House is not united in this case, that the BLAG lawyers do not speak for Congress, and that BLAG's intervention remains a waste of taxpayer resources."

Wednesday's ruling is the latest in an unbroken string of judicial setbacks for the Defense of Marriage Act, which Congress approved when states first started considering allowing gay and lesbian couples to get married. The law defines marriage as a union between a man and woman, and prohibits the government from granting benefits such as Social Security and Medicaid to same-sex couples.

A federal judge in Massachusetts, where same-sex marriage has been legal since 2004, ruled in July 2010 that the law is unconstitutional because it interferes with the right of a state to define the institution. A year later, 20 of the 24 bankruptcy judges based in Los Angeles ruled that the act violated the civil rights of a married gay couple who were denied the right to file a shared bankruptcy plan.

Last week, the Obama administration said it was extending its decision to stop defending the law to issues affecting actively serving military personnel and veterans in same-sex relationships.

In ordering the government to allow Golinski to enroll her wife in a family health plan, White rejected all of the arguments the House group advanced in defense of DOMA, such as that it was necessary to foster stable unions among men and women, and for Congress to act slowly on an issue on which the public remains divided.

White's decision "acknowledges that DOMA violates the Constitution and that my marriage to Amy is equal to those marriages of my heterosexual colleagues," Golinski said. "This decision is a huge step toward equality."

Comments

[Galician]

05:51 PM on 02/28/2012

Why shouldn't they have the same rights if they have the same obligations? they are paying the same taxes as the straight people do!!

[duggal]

10:56 AM on 02/26/2012

More power to State's Rights. Though DOMA is a federal law it is the States who have the power due to the residence of the parties.

I continue to be saddened that Speaker Boener and his GOP crew are entrenched in this while ignoring the fiscal problems of our country. Seems they are seeking votes their beloved Tea Party while ignoring their oath of office.

[LaoLan]

07:33 AM on 02/25/2012

Ok, now it's time to place additional pressure on OPM!

[Birdman 49]

11:53 AM on 02/24/2012

I live in KS and they hate everyone who is str8, white, and a christian. Until the courts change the law they will continue to deny everyone.

[ScRiMac]

11:12 AM on 02/24/2012

I am so happy for the couple! Should she be referred to as Mrs. Golinski, since she is married? I've never thought of this before.

[Celt Glen]

06:30 AM on 02/24/2012

If ya'll were here in WA this health care issue would be a non issue as we have this law already.

A WA, your weather sux but the politics are fine.

[xenas mom]

10:17 AM on 02/24/2012

This issue is federal, not state. The plaintiff is a federal employee and she is being denied coverage for her wife because she's a federal employee, despite the fact that they live in California which has laws on its books as well about equal treatment for same-sex spouses and RDPs. It's federal workplace regulations that are creating the problem and they all stem from DOMA.

[David Moore]

09:22 PM on 02/23/2012

We now have 8 states allowing marriage equality. When state 9 is either Maine or California (again), the road to total US victory will be sealed. Eventually, the trends show, the older generation will die away and leave behind a generation that is not all uppity about gay and lesbian couples from marrying. It is time folks. Marriage equality is nearly here in full. Embrace it while you can.

[SFMuscular]

07:43 PM on 02/23/2012

I'm half way through reading Judge White's decision and it's wonderful. He cited the factual findings made by Judge Walker in the Prop 8 case that same-sex couples are just as good as parents as hetersosexual couples. It was extraordinary to see that Judge Walker's findings are now being accepted by other judges. Interesting to note, Judge Walker was first nominated by President Regean and was confirmed under nomination by President George H.W. Bush and Judge White was nominated by President George W. Bush. These are very conservative judges making what are clearly very conservative decisions, that equal rights must be extended to all. When you think about it, marriage equality is a seriously conservative principle, a strict construction of the Constitution.

[Vintage59]

06:26 PM on 02/23/2012

DOMA is a stain on the history of America.

[addisonsteele]

06:18 PM on 02/23/2012

Next time someone says something positive about Bill Clinton, remember that he signed DOMA into law (which is just one of his crimes).

[Celt Glen]

06:32 AM on 02/24/2012

No one is without issues addison. Clinton recanted

[consumesoup]

05:51 PM on 02/23/2012

Tick Tock Tick Tock DOMA is DOOMED

[Charlene Estes]

04:50 PM on 02/23/2012

Gay marriage is coming. There is no stopping it now.

[jg6544]

04:41 PM on 02/23/2012

The law still needs to be repealed. The Lynch Mob will drag the legal proceedings out for years if it isn't.

[Ioan Lightoller]

06:13 PM on 02/23/2012

Yep. DOMA definitely needs to go as the unconstitutional travesty that it is.

[echo]

04:35 PM on 02/23/2012

Republicans: "Activist judge! San Francisco! Liberals!"

Um, the judge was appointed by (wait for it) George W. Bush.

[Milash]

04:58 PM on 02/23/2012

Republican definition of activist judge: Someone that doesn't agree with them.

[wolfpeace]

12:51 PM on 02/23/2012

Unfortunately, this is in the 9th district, the most liberal district in the U S. If this had been, for example, in Chicago then the chances of overturning DOMA would improve.

[xenas mom]

01:13 PM on 02/23/2012

It will join comparable decisions from Massachusetts and there appear to be some other DOMA-challenging cases working their way toward federal district court in other parts of the country. There could be a few more decisions by the year's end. Do not despair!

[chesscub]

01:27 PM on 02/23/2012

It's also not the only district that ruled that DOMA is unconstitutional.