Windy City Media Group Frontpage News

THE VOICE OF CHICAGO'S GAY, LESBIAN, BI, TRANS AND QUEER COMMUNITY SINCE 1985

home search facebook twitter join
Gay News Sponsor Pre-order Book!
Pre-order Book!
Donate

Sponsor
Sponsor

  WINDY CITY TIMES

U.S. District Court judge in SF rules DOMA unconstitutional
From a news release
2012-02-22

This article shared 4278 times since Wed Feb 22, 2012
facebook twitter google +1 reddit email


( San Francisco, February 22, 2012 ) - U.S. District Court Judge Jeffrey S. White today ruled the so-called Defense of Marriage Act ( DOMA ) unconstitutional, declaring that the discriminatory federal statute violated the U.S. Constitution's guarantee of equality. Lambda Legal and Morrison & Foerster LLP brought the case on behalf of Karen Golinski, a federal court employee denied spousal health coverage for her wife.

"This ruling, the first to come after the Justice Department announced it would no longer defend this discriminatory statute in court, spells doom for DOMA," said Tara Borelli, staff attorney in Lambda Legal's Western Regional Office in Los Angeles. "The Court recognized the clear fact that a law that denies one class of individuals the rights and benefits available to all others because of their sexual orientation violates the constitutional guarantee of equality embodied in the Fifth Amendment. The Court agreed with us that sexual orientation discrimination by the government should receive heightened scrutiny under the constitution. It then concluded that DOMA could not meet that standard, and that there was not even a rational justification to deny Karen Golinski the same spousal health care benefits that her heterosexual co-workers receive."

"The demise of this discriminatory statute is long overdue, and the court's ruling today makes that clear," said Rita Lin, associate at Morrison & Foerster. "DOMA produces circumstances where certain federal employees are compensated differently than their coworkers because of their sexual orientation. That's unconstitutional."

Judge White's ruling is the latest victory in a battle that began in 2008, when Golinski, a 20-year employee of the U.S. Ninth Circuit Court of Appeals, sought to enroll her wife, Amy Cunninghis, in the employee health plan. It is the first DOMA-related ruling since U.S. Attorney General Eric Holder announced that the Department of Justice had determined DOMA was unconstitutional and would no longer defend it, and the majority leadership of the U.S. House of Representatives hired outside counsel to defend the discriminatory statute. A similar ruling holding DOMA unconstitutional in a separate case is on appeal in the 1st Circuit.

Golinski's struggle to enroll her spouse in the family health plan, a benefit routinely granted to her married heterosexual co-workers, travelled a torturous path, including two separate orders by Ninth Circuit Chief Judge Alex Kozinski directing that Golinski be allowed to enroll Cunninghis in the health plan, orders ignored by the U.S. Office of Personnel Management ( OPM ) , citing DOMA. In April 2011, Lambda Legal and Morrison & Foerster filed an amended complaint directly challenging the constitutionality of DOMA. Judge White heard arguments on this amended complaint on December 16.

"I am profoundly grateful for the thought and consideration that Judge White gave to my case," Golinski said. "His decision acknowledges that DOMA violates the Constitution and that my marriage to Amy is equal to those marriages of my heterosexual colleagues. This decision is a huge step toward equality."

The case is Golinski v. Office of Personnel Management. Judge White's ruling is here:

lambdalegal.org/in-court/legal-docs/golinski_us_20120222_order


This article shared 4278 times since Wed Feb 22, 2012
facebook twitter google +1 reddit email





Windy City Media Group does not approve or necessarily agree with the views posted below.
Please do not post letters to the editor here. Please also be civil in your dialogue.
If you need to be mean, just know that the longer you stay on this page, the more you help us.


  ARTICLES YOU MIGHT LIKE

Gay News

Ann Hampton Callaway releases 'Revelation'
2021-05-12
--From a press release - The latest in a string of singles, Ann Hampton Callaway, releases "Revelation", a song she composed to a Robert Frost poem which she kept in her jeans pocket when she was a teenager. Callaway wrote the ...


Gay News

LGBQ people six times more likely than general public to be stopped by police
2021-05-12
--From a Williams Institute press release - Nearly one in four LGBQ people say they are unlikely to call police in the future A new study by the Williams Institute at UCLA School of Law finds more LGBQ adults than people in the general United States population have ...


Gay News

UK to ban conversion therapy
2021-05-11
Britain will move to ban conversion therapy and provide more support to those in the LGBT community who have undergone the treatment, as part of its post-pandemic government agenda, Reuters reported. Prime Minister Boris Johnson's government ...


Gay News

Unprecedented 18 anti-LGBTQ bills enacted in 2021
2021-05-11
--From a Human Rights Campaign press release - WASHINGTON, D.C. — With an unprecedented number of anti-LGBTQ measures sweeping through state legislatures across the country, 2021 has officially surpassed 2015 as the worst year for anti-LGBTQ legislation in ...


Gay News

Biden administration restores anti-bias protections, groups comment
2021-05-10
--From a press release - The following statement is from Susan R. Bailey, M.D., President, American Medical Association "The Biden administration did the right thing by terminating a short-lived effort to allow discrimination based on gender or sexual orientation when seeking ...


Gay News

HHS: Prohibition on sex discrimination includes sexual orientation, gender identity
2021-05-10
--From a press release - Washington D.C. — Today, the Department of Health and Human Services announced that the Office for Civil Rights will interpret and enforce Section 1557 and Title IX's prohibitions on discrimination based on sex to include: (1) ...


Gay News

WORLD Parenting news, Tonga activist, pension fight, drag personality
2021-05-09
A Croatian court has ruled that same-sex partners can now adopt children, backing a same-sex couple in their five-year fight for the right to family life, Openly News reported. On April 21, Zagreb's Administrative Court ruled ...


Gay News

NATIONAL Military bill, LGBTQ teen, trans deaths, Pride items, children's book
2021-05-09
New Jersey Gov. Phil Murphy signed a bill that directs the Department of Military and Veterans' Affairs in the Garden State to assist former Armed Forces service members who were denied an honorable discharge due to ...


Gay News

Refugee Coalition of East Africa calls for attention to anti-queer violence
2021-05-07
--From a press release - On May 17, the International Day Against Homophobia, Transphobia and Biphobia will be observed worldwide, followed by many celebrations of Pride in the month of June. We at the Refugee Coalition of East Africa will raise ...


Gay News

Utah Supreme Court upholds transgender rights
2021-05-06
--From a press release - Salt Lake City — On Thursday, May 6, the Utah Supreme Court ruled today In Re Gray and Rice (20170046) 2021 UT 13, and confirmed the right of transgender Utahns to change the name and gender ...


Gay News

CMSA files lawsuit against ex-treasurer, alleging fraud and misappropriation
2021-05-04
The LGBTQA local organization known as the Chicago Metropolitan Sports Association (CMSA) filed a five-count lawsuit May 4 in the Circuit Court of Cook County seeking damages and restitution from the former board treasurer Michael O. ...


Gay News

One-third of LGBTQ college students had housing disruption during COVID-19 pandemic
2021-05-04
--From a press release - A new study from the Williams Institute at UCLA School of Law conducted in collaboration with the Point Foundation, the nation's largest LGBTQ scholarship fund, finds that the COVID-19 pandemic has impacted the educational opportunities, financial ...


Gay News

WORLD Caribbean group, hate crime, 'Queen of the Pacific,' volcano wedding
2021-05-02
A Caribbean advocacy group launched a fund to help LGBTQ people who have been impacted by the eruption of a volcano on the island of St. Vincent, The Washington Blade reported. The Eastern Caribbean Alliance for ...


Gay News

Starting May 3, ceremonies in Cook County's downtown Marriage Court can be performed by Zoom
2021-04-30
CHICAGO (April 30) — Marriage and civil union ceremonies at Cook County's downtown Marriage and Civil Union Court (Marriage Court) may be performed via Zoom videoconference, as well as in person, starting next week, according to ...


Gay News

New report examines bans on medical care for trans youth
2021-04-29
The Movement Advancement Project (MAP) released a new policy spotlight report, "Efforts to Ban Health Care for Transgender Youth." In 2021 alone, legislatures in 22 states have introduced bills to ban best practice medical care for ...


 



Copyright © 2021 Windy City Media Group. All rights reserved.
Reprint by permission only. PDFs for back issues are downloadable from
our online archives. Single copies of back issues in print form are
available for $4 per issue, older than one month for $6 if available,
by check to the mailing address listed below.

Return postage must accompany all manuscripts, drawings, and
photographs submitted if they are to be returned, and no
responsibility may be assumed for unsolicited materials.
All rights to letters, art and photos sent to Nightspots
(Chicago GLBT Nightlife News) and Windy City Times (a Chicago
Gay and Lesbian News and Feature Publication) will be treated
as unconditionally assigned for publication purposes and as such,
subject to editing and comment. The opinions expressed by the
columnists, cartoonists, letter writers, and commentators are
their own and do not necessarily reflect the position of Nightspots
(Chicago GLBT Nightlife News) and Windy City Times (a Chicago Gay,
Lesbian, Bisexual and Transegender News and Feature Publication).

The appearance of a name, image or photo of a person or group in
Nightspots (Chicago GLBT Nightlife News) and Windy City Times
(a Chicago Gay, Lesbian, Bisexual and Transgender News and Feature
Publication) does not indicate the sexual orientation of such
individuals or groups. While we encourage readers to support the
advertisers who make this newspaper possible, Nightspots (Chicago
GLBT Nightlife News) and Windy City Times (a Chicago Gay, Lesbian
News and Feature Publication) cannot accept responsibility for
any advertising claims or promotions.

 

 

 

TRENDINGBREAKINGPHOTOS







Sponsor
Sponsor


 



Donate


About WCMG      Contact Us      Online Front  Page      Windy City  Times      Nightspots      OUT! Guide     
Identity      BLACKlines      En La Vida      Archives      Advanced Search     
Windy City Queercast      Queercast Archives     
Press  Releases      Join WCMG  Email List      Email Blast      Blogs     
Upcoming Events      Todays Events      Ongoing Events      Bar Guide      Community Groups      In Memoriam      Outguide Categories      Outguide Advertisers      Search Outguide      Travel      Dining Out      Privacy Policy     

Windy City Media Group publishes Windy City Times,
The Bi-Weekly Voice of the Gay, Lesbian, Bisexual and Trans Community.
5315 N. Clark St. #192, Chicago, IL 60640-2113 • PH (773) 871-7610 • FAX (773) 871-7609.