furrbear: (Equal Marriage)
[personal profile] furrbear

9th Circuit Court Rules Against DOMA

This is MAJOR, people. Via Jen Nedeau at Change.org:
The Ninth Circuit Court of Appeals just ordered Federal Health Insurance Benefits for same sex married couples. The case involves Deputy Federal Public Defender Brad Levenson, who married Tony Sears last July 12, and 9th Circuit staff lawyer Karen Golinski, who married Amy Cunninghis last year.

The LA Observer reported today that the ruling by Judge Stephen Reinhardt says the Defense of Marriage Act unconstitutionally denies benefits to gay federal employees' spouses. The ruling filed under the Order, Employment Dispute Resolution Plan for the Ninth Circuit Court of Appeals says:
"The denial of federal benefits to same-sex spouses cannot be justified simply by a distaste for or disapproval of same-sex marriage or a desire to deprive same-sex spouses benefits available to other spouses in order to discourage exercising a legal right afforded them by the state," Reinhardt wrote in his Feb. 2 order....Both orders are internal employee grievance decisions.

Both found in favor of the gay employees, directing court administrators to give health insurance benefits to their spouses. The orders also represent direct challenges to DOMA, the 1996 act that forbids the federal government from treating same-sex relationships as marriages for any purpose.

A lawyer for the staff attorney said this is believed to be the first time federal employees will get benefits covering a same-sex spouse.
[skip] Reinhardt and Kozinski wrote the orders in their roles as hearing officers for some circuit employee disputes."
Stand by for the meltdowns of Christianist and right-wing sites everywhere.
(deleted comment)

late response

Date: 2009-02-12 08:27 am (UTC)
From: [identity profile] hannibull.livejournal.com
the defeat of DOMA would allow the UAFA (Uniting American Families Act) to pass. That way Americans could sponsor their same-sex non-US partner for immigration.
This is huge indeed!

I can see it now...

Date: 2009-02-06 04:59 am (UTC)
From: [identity profile] grizzlyzone.livejournal.com
> "Stand by for the meltdowns of Christianist and right-wing sites everywhere."


Edited Date: 2009-02-06 05:53 am (UTC)

Re: I can see it now...

Date: 2009-02-06 03:08 pm (UTC)
ext_173199: (Assholes)
From: [identity profile] furr-a-bruin.livejournal.com
Exactly. I want their heads to go POP! so they'll never bother us again.

Though I have to admit ... I don't want Bill O'Lielly's head to explode until after he's forced to say the words "Senator Al Franken." :)

Date: 2009-02-06 05:05 am (UTC)
From: [identity profile] grandiva1968.livejournal.com
Remind me: how often is the 9th circuit overturned on appeal?

Date: 2009-02-06 05:30 am (UTC)
From: [identity profile] osodecanela.livejournal.com
Wow.

Simply wow. I'm thrilled.

Date: 2009-02-06 06:50 am (UTC)
From: [identity profile] nightfallcub.livejournal.com
wow....this is setting up a supreme court battle...

Date: 2009-02-06 06:52 am (UTC)
From: [identity profile] fogbear.livejournal.com
Snark alert: "...who married Amy Cunninghis"

That's a really unfortunate surname, even for a lesbian.

But seriously, this is huge!

Date: 2009-02-06 07:44 am (UTC)
From: [identity profile] furrbear.livejournal.com
As bad a name as Dick Lippschitz?

I'm wondering how long it'll take the Obama DoJ to appeal... if they appeal.

Date: 2009-02-07 12:03 am (UTC)
From: [identity profile] teddyb.livejournal.com
Wow, that is fantastic! It will be interesting to see if this goes to the Supreme Court.

And if not, what a great step forward!

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