Thursday, February 23, 2012

DOMA Ruled Unconstitutional

On Wednesday, Judge Jeffery White ruled in favor of Karen Golinski who was suing for the right to have her wife covered by her insurance. The couple were married in 2008 when gay marriage was legal in California. Judge White's decision was based on his belief that the Defense Against Marriage Act "without substantial justification or rational basis, refus[es] to recognize her lawful marriage to prevent provision of health insurance coverage to her spouse." He goes on to say that the law "treats gay men and lesbians differently on the basis of their sexual orientation."

Judge White is the second judge to find DOMA unconstitutional since President Obama and Attorney General Eric Holder announced they would no longer defend the law. Also, earlier this month, the Ninth Circuit ruled that Prop. 8, which made same-sex marriages illegal in California, was also unconstitutional. With this type of momentum, we may see the issue come before the Supreme Court soon.

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