DOMA Ruled Unconstitutional

The Defense of Marriage Act (DOMA) has been ruled unconstitutional by a federal judge who ordered the U.S. government to grant health benefits to the wife of a lesbian San Francisco federal court employee.

Attorney Karen Golinski legally married her wife under California law, so she filed suit when she could not get federal health insurance coverage for her same-sex marriage partner.

U.S. District Judge Jeffrey White stated that the refusal of the U.S. Office of Personnel Management to sign-up Golinski's lesbian spouse for federal health care benefits violated her constitutional right to equal protection.

"The court finds that DOMA, as applied to Ms. Golinski, violates her right to equal protection of the law under the Fifth Amendment to the United States Constitution by, without substantial justification or rational basis, refusing to recognize her lawful marriage to prevent provision of health insurance coverage to her spouse," declared Judge White.

In essence, the federal judge condemned the Defense of Marriage Act for discrimination on the basis of sexual orientation.

The Defense of Marriage Act (DOMA) (Pub.L. 104-199, 110 Stat. 2419, enacted September 21, 1996, 1 U.S.C. § 7 and 28 U.S.C. § 1738C) is a federal law defining marriage as the legal union of one man and one woman.

Finding no rational justification for refusing benefits to gay and lesbian same-sex marriage partners of federal employees, U.S. District Judge Jeffrey White struck down the heterosexual Defense of Marriage Act as unconstitutional.