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Judge Rules DOMA Unconstitutional in SF Case A federal judge in San ruled Wednesday that the. government cannot deny health benefits to the wife of lesbian court employee by relying on the law that bars government recognition of same-sex unions.. District Judge 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 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 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. Circuit Court of Appeals, has been trying to secure spousal benefits for her wife, Cunninghis, since shortly after the couple got married during the brief window in when same-sex marriages were legal in California. Her boss, Chief Judge 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 and Attorney General Holder said they would no longer defend the Defense of Marriage Act. When White heard the case in December, the head of the department's civil division, West, appeared on Golinski's behalf, leaving the job of arguing for DOMA to a lawyer hired by a House of Representatives group. The lawyers representing the Bipartisan Legal Advisory Group convened by House Speaker Boehner did not immediately respond to an to their offices sent after business hours Wednesday. Full story: Baytown sex contact
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