The U.S. District Court for the Northern District of California ruled Wednesday that Section 3 of the Defense of Marriage Act (DOMA) is unconstitutional. The order comes in wake of a lawsuit filed by Karen Golinski, a federal court employee, based on the denial of equal health insurance benefits by her employer, California‘s Office of Personnel Management.
The win will order the federal government to extend health benefits to Golinski’s same-sex spouse.
U.S. District Court Judge Jeffrey S. White, who oversaw the case, explained in court papers:
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. Although the Court finds that DOMA is subject to and fails to satisfy heightened scrutiny, it notes that numerous courts have found that the statute fails even rational basis review.
Further explaining:
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.
Finally, White added:
Prejudice, we are beginning to understand, rises not from malice or hostile animus alone. It may result as well from insensitivity caused by simple want of careful, rational reflection or from some instinctive mechanism to guard against people who appear to be different in some respects from ourselves.
White concluded that DOMA, as it relates to Golinski’s case, “violates her right to equal protection of the law under the Fifth Amendment to the United States Constitution,” adding that “the statute fails to satisfy heightened scrutiny and is unconstitutional as applied to Ms. Golinski.”
The ruling is a victory for LGBT activists and allies. Lambda Legal, Golinski’s counsel, celebrated the win alongside their client.
“This ruling, the first to come after the Justice Department announced it would no longer defend this discriminatory statute in court, spells doom for DOMA,” said Tara Borelli, lead counsel. “The Court recognized the clear fact that a law that denies one class of individuals the rights and benefits available to all others because of their sexual orientation violates the constitutional guarantee of equality embodied in the Fifth Amendment.”
Wednesday’s ruling is the first of its kind since U.S. Attorney General Eric Holder announced last year the Administration would no longer defend legal challenges arising from the Defense of Marriage Act in court.
Great news! Thanks to DOMA legally married same-sex military spouses are denied health insurance, commissary and other base privileges, housing allowance, etc. as compared with their opposite-sex married counterparts. For those interested – http://OUTmilitary.com has been providing a supportive environment for friending, sharing and networking between Gay active military, vets and supporters since December, 2010.