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Loading ...Federal judges rule gov’t cannot deny same-sex benefits To Workers
02.06.2009 9:09am EST
(Los Angeles, California) Two 9th Circuit judges, ruling in separate cases, have determined that the federal Defense of Marriage Act cannot be used to deny health benefits to the same-sex partners of government workers.
One case involved federal public defender Brad Levenson, who had been denied spousal benefits to his husband, Tony Sears.In a ruling issued this week, 9th U.S. Circuit Court of Appeals Judge Stephen Reinhardt said DOMA was discrimination on the basis of sexuality and unconstitutional.
“Because there is no rational basis for denying benefits to the same-sex spouses of [Federal Public Defender] employees while granting them to the opposite-sex spouses of FPD employees, I conclude that the application of [federal statutes] so as to reach that result is unconstitutional,” Reinhardt said in a 15-page written ruling.
He also slashed one of the objectives of DOMA – to preserve traditional marriage.
“Gay people will not be encouraged to enter into marriages with members of the opposite sex by the government’s denial of benefits to same-sex spouses,” he wrote.
The other case involved 9th Circuit staff lawyer Karen Golinski who had been denied benefits for her spouse.
Chief Judge Alex Kozinski skirted the constitutionality argument in his determination, ruling that the wording of DOMA was vague and ambiguous.
Both judges ruled as dispute resolution officials – a mechanism where employees within the federal judiciary who are prohibited from suing in federal court can seek redress.
Because of this, the decisions are not legally binding outside of the 9th Circuit, which covers the West and includes Alaska and Hawaii.
President Obama has called for repeal of federal DOMA and legislation is expected to be introduced in the current session of Congress.
I would say this is first of hopefully many likely to come “hammer blows” cracking apart “the solid granite wall” known as the federal level Defense of Marriage Act that has been a “wide and tough barrier” to several different areas of marriage equality.
From NO veteran’s and social security benefits going to the surviving spouses of gay unions when one partner dies, to NO recognition as family same-sex married and civil partnered couples (that were legal in their home countries or states) at US entry points, to the Government rulings that individual states are not obliged to recognize marriage equality and civil union legal in other states or legal in foreign countries, inspite of the full faith and credit clause of US constitution that recognizes as legal in another state what is legal in someone home state.
If Maryland law says as it does that I as a Maryland resident with a Maryland driver’s license must drive in Maryland with 2 license plates, one for the front of the car and one for the rear of the car, I cannot suddenly decide that in another state that requires only say a rear tag and not one for the front of my car, that I can remove my front Maryland tag and only drive with just the one on the back of my car. What is in force for me in Maryland as a Maryland resident goes with me through all parts of the USA in this instance.
So any marriage I enter into in Maryland gay (not here yet)or straight that is legal and licensed in my state Maryland, should be likewise in force in any US state or US territory (Guam, US V.I., American part of Samoa, etc)or commonwealth of the US (Puerto Rico) regardless of local state, commonwealth of territorial law because of the full faith and credit clause.
And likewise Maryland should be made to recognize (as is its duty by the US constution) all marriage legal elsewhere.
New York State, etc has already taken upon itself to do just that. But this should not be up to an individual state, this is a requirement that is there by our national document. Any goverment action to the contrary is currently unconstitutional and MUST GO. Federal level DOMA as it stands is currently in violation of our constitution and it MUST GO.
Super! So people who choose to be heterosexual no longer have “special rights”??? What next in America, equality for all, like us two husbands American citizens, together in Love for 33 years, who had to leave our homeland America to get married six years ago?
I’m not sure that this article is correct. The third paragraph says that Judge Reinhardt called DOMA itself unconstitutional. The fourth paragraph seems to be saying only that its “application” to selectively withhold benefits is unconstitutional. Those are two different ideas – although the decision is still very encouraging for LGBT people. The article also should be clearer that the Ninth Circuit includes California, a fact that strongly influences the court.
“He also slashed one of the objectives of DOMA – to preserve traditional marriage.”
Allowing gays to marry does not affect traditional marriage one iota. The falsehood promulgated is that if gays are allwoed to marry, opposite-sex ‘traditional’ marriage is somehow endngered. That’s simply preposterous. (aka a lie)
“In a ruling issued this week, 9th U.S. Circuit Court of Appeals Judge Stephen Reinhardt said DOMA was discrimination on the basis of sexuality and unconstitutional”
What a hoot! I can see that it’s likely going to be the courts that dismantle this horrible Disgrace of Marriage Act.
The President and the Congress remain silent and unmoving on this situation. Nice job to Saint Obama and the worthless Congress for coming to the defense of their citizens.
I find it ironic that in the late 60’s and 70’s that these same folks criticized the gay community as a bunch of floundering sex addicts, with out communal direction.
While some of that may have been true then, no community has made a 180 like gays have in the past 30 to 40 years DOMA never should have been there in the first place.
. In large part they are living more structured, cohesive, and productive lives than many of their hetro contemporaries.
It seems this has done nothing but aggravate their biggest critics. The more visibility and influence the Gay community garners, the louder the wing nuts scream.
These extreme right wing factions like Focus on the Family, and the AFA are slowly sinking into the abyss.
As their base becomes a little more enlightened their support diminishes.
We must continue to systematically herd them into the hod pens of the Fred Phillips and Co where they belong.
We have 8 years hope fully to put our dent in their tin theories.
If they are yelling this loud now, lets hope their political vocal cords are persona non grada by the time the republicans regain the bully pulpit.
In the mean time lets do every thing possible to make sure thats a long,long time from now.
That’s great! My spouse worked for the USPS for almost thirty years and it has been a struggle to get-by ever since he retired after his open-heart surgery. I am disabled myself with a severe case Sjogren’s Syndrome and other medical complications. To add to the torment, we are denied joint medical insurance and other benefits — even though we are legally married.
Being on a fixed income, this has been very costly for us. It is about seven thousand dollars more out of pocket per year than we’d have to spend if the Federal Government would just acknowledge the fact that we are married.
On the other hand, his married “straight” co-retirees get all of the benefits. Not fair considering how my spouse was once Acting Postmaster of the Northeastern Kansas Area — including Kansas City, KS.
I hope a similar federal ruling is made in our area soon.
~ Bud Evans
http://rainfish2000.blogspot.com
Excellent rulings. I hope this marks the beginning of the dismantling of DOMA.