DOMA Unconstitutionally Denies Gay Spouse Benefits: Judge

Law360, New York (February 22, 2012, 9:26 PM EST) -- A California federal judge ruled Wednesday that the Defense of Marriage Act unconstitutionally denies employment benefits to members of lawful marriages, upholding the right of a federal employee's wife to enroll in her same-sex partner's health insurance plan.

U.S. District Judge Jeffrey White granted summary judgment to federal staff attorney Karen Golinski and the U.S. Office of Personnel Management's motion to dismiss, finding that DOMA discriminates on the basis of sexual orientation by denying benefits only to same-sex couples.

Although previous cases have held that DOMA...
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