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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: looking for a sweet sensitive guyThe JOINT checking and savings accounts (assuming there is/was one) balance not spent on Community debt as of the actual day of separation on court paperwork (or date is when you both decided to get divorced and took concrete steps like moving out of the same bedroom, etc if no filing done yet) is between the two of you; each should take their half and put into their own Separate checking account in only their name; account should be closed as as feasible. If you opened or kept an account in JUST your name during the marriage you have to PROVE that the current balance does not contain ANY earnings you made prior to the separation date and after date of marriage- documentation is your friend here. Any earnings paid after the date of separation are each your own Separate Property. How about houses and cars and debt? Any purchased or incurred before the marriage are Separate Property, all purchased during the marriage and not with Separate money is Community Property and subject to equal division or an equalization payment to the shorted party. Now, once you've done all the above calculations- go back to him with the figures for Separate on one spreadsheet and the figures for Community on another that divides up the stuff into two columns (for you and for him) and add how much you figure the household stuff is worth USED to his column too. THAT is your starting point for 'negotiations', and what a Judge likely rule for if it ends up going to trial vs a mediated agreement or an out of court agreement you both sign and file. married seeking
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