SUBSCRIBE TO OUR FREE NEWSLETTER
Daily news & progressive opinion—funded by the people, not the corporations—delivered straight to your inbox.
5
#000000
#FFFFFF
5
#000000
#FFFFFF
Calif. Judge Declares Federal 'Defense of Marriage Act' Unconstitutional
May 26, 2012
A federal judge in California this week, ruling in favor of a lawsuit brought by state workers who sued the public-employee pension system for its refusal to cover same-sex couples, declared the Defense of Marriage Act (or DOMA) to be unconstitutional and an assault on the equal protections clause.
US District Judge Claudia Wilken said there was no evidence that the federally mandated DOMA provision was "rationally related to a legitimate government interest."
Wilken went on to say that gays and lesbians are constitutionally protected from "burdensome legislation that is the product of sheer antigay animus and devoid of any legitimate governmental purpose."
* * *
Silicon Valley Mercury News: Judge Strikes Down Defense of Marriage Act Provision in CalPERS Case
Wilken issued her ruling in a lawsuit filed against the California Public Employees' Retirement System, known as CalPERS, by same-sex couples. The system has refused to let gay spouses enroll in its federally approved insurance program on the ground that they were excluded by DOMA.
Wilken said the DOMA ban violated the U.S. Constitution's guarantee of equal treatment. She wrote that there was no proof the DOMA provision was "rationally related to a legitimate government interest."
Thursday's decision makes Wilken the second trial judge in the U.S. District Court for Northern California to strike down that section of the 1996 law.
U.S. District Judge Jeffrey White of San Francisco issued a similar ruling in February in a lawsuit filed by Karen Golinski, a federal appeals court staff attorney who wants to enroll her wife in the court's employee health plan.
* * *
The San Francisco Chronicle: 2nd Federal judge overturns law
Wilken's ruling is noteworthy because more than 2,600 state employees have sought long-term insurance for their domestic partners, in addition to 328 employees seeking the same coverage for their same-sex spouses, said attorney Elizabeth Kristen of the Legal Aid Society's Employment Law Center in San Francisco.
"It's a huge validation of civil rights for gay and lesbian Californians," she said.
# # #
An Urgent Message From Our Co-Founder
Dear Common Dreams reader, It’s been nearly 30 years since I co-founded Common Dreams with my late wife, Lina Newhouser. We had the radical notion that journalism should serve the public good, not corporate profits. It was clear to us from the outset what it would take to build such a project. No paid advertisements. No corporate sponsors. No millionaire publisher telling us what to think or do. Many people said we wouldn't last a year, but we proved those doubters wrong. Together with a tremendous team of journalists and dedicated staff, we built an independent media outlet free from the constraints of profits and corporate control. Our mission has always been simple: To inform. To inspire. To ignite change for the common good. Building Common Dreams was not easy. Our survival was never guaranteed. When you take on the most powerful forces—Wall Street greed, fossil fuel industry destruction, Big Tech lobbyists, and uber-rich oligarchs who have spent billions upon billions rigging the economy and democracy in their favor—the only bulwark you have is supporters who believe in your work. But here’s the urgent message from me today. It's never been this bad out there. And it's never been this hard to keep us going. At the very moment Common Dreams is most needed, the threats we face are intensifying. We need your support now more than ever. We don't accept corporate advertising and never will. We don't have a paywall because we don't think people should be blocked from critical news based on their ability to pay. Everything we do is funded by the donations of readers like you. When everyone does the little they can afford, we are strong. But if that support retreats or dries up, so do we. Will you donate now to make sure Common Dreams not only survives but thrives? —Craig Brown, Co-founder |
Our work is licensed under Creative Commons (CC BY-NC-ND 3.0). Feel free to republish and share widely.
A federal judge in California this week, ruling in favor of a lawsuit brought by state workers who sued the public-employee pension system for its refusal to cover same-sex couples, declared the Defense of Marriage Act (or DOMA) to be unconstitutional and an assault on the equal protections clause.
US District Judge Claudia Wilken said there was no evidence that the federally mandated DOMA provision was "rationally related to a legitimate government interest."
Wilken went on to say that gays and lesbians are constitutionally protected from "burdensome legislation that is the product of sheer antigay animus and devoid of any legitimate governmental purpose."
* * *
Silicon Valley Mercury News: Judge Strikes Down Defense of Marriage Act Provision in CalPERS Case
Wilken issued her ruling in a lawsuit filed against the California Public Employees' Retirement System, known as CalPERS, by same-sex couples. The system has refused to let gay spouses enroll in its federally approved insurance program on the ground that they were excluded by DOMA.
Wilken said the DOMA ban violated the U.S. Constitution's guarantee of equal treatment. She wrote that there was no proof the DOMA provision was "rationally related to a legitimate government interest."
Thursday's decision makes Wilken the second trial judge in the U.S. District Court for Northern California to strike down that section of the 1996 law.
U.S. District Judge Jeffrey White of San Francisco issued a similar ruling in February in a lawsuit filed by Karen Golinski, a federal appeals court staff attorney who wants to enroll her wife in the court's employee health plan.
* * *
The San Francisco Chronicle: 2nd Federal judge overturns law
Wilken's ruling is noteworthy because more than 2,600 state employees have sought long-term insurance for their domestic partners, in addition to 328 employees seeking the same coverage for their same-sex spouses, said attorney Elizabeth Kristen of the Legal Aid Society's Employment Law Center in San Francisco.
"It's a huge validation of civil rights for gay and lesbian Californians," she said.
# # #
A federal judge in California this week, ruling in favor of a lawsuit brought by state workers who sued the public-employee pension system for its refusal to cover same-sex couples, declared the Defense of Marriage Act (or DOMA) to be unconstitutional and an assault on the equal protections clause.
US District Judge Claudia Wilken said there was no evidence that the federally mandated DOMA provision was "rationally related to a legitimate government interest."
Wilken went on to say that gays and lesbians are constitutionally protected from "burdensome legislation that is the product of sheer antigay animus and devoid of any legitimate governmental purpose."
* * *
Silicon Valley Mercury News: Judge Strikes Down Defense of Marriage Act Provision in CalPERS Case
Wilken issued her ruling in a lawsuit filed against the California Public Employees' Retirement System, known as CalPERS, by same-sex couples. The system has refused to let gay spouses enroll in its federally approved insurance program on the ground that they were excluded by DOMA.
Wilken said the DOMA ban violated the U.S. Constitution's guarantee of equal treatment. She wrote that there was no proof the DOMA provision was "rationally related to a legitimate government interest."
Thursday's decision makes Wilken the second trial judge in the U.S. District Court for Northern California to strike down that section of the 1996 law.
U.S. District Judge Jeffrey White of San Francisco issued a similar ruling in February in a lawsuit filed by Karen Golinski, a federal appeals court staff attorney who wants to enroll her wife in the court's employee health plan.
* * *
The San Francisco Chronicle: 2nd Federal judge overturns law
Wilken's ruling is noteworthy because more than 2,600 state employees have sought long-term insurance for their domestic partners, in addition to 328 employees seeking the same coverage for their same-sex spouses, said attorney Elizabeth Kristen of the Legal Aid Society's Employment Law Center in San Francisco.
"It's a huge validation of civil rights for gay and lesbian Californians," she said.
# # #
We've had enough. The 1% own and operate the corporate media. They are doing everything they can to defend the status quo, squash dissent and protect the wealthy and the powerful. The Common Dreams media model is different. We cover the news that matters to the 99%. Our mission? To inform. To inspire. To ignite change for the common good. How? Nonprofit. Independent. Reader-supported. Free to read. Free to republish. Free to share. With no advertising. No paywalls. No selling of your data. Thousands of small donations fund our newsroom and allow us to continue publishing. Can you chip in? We can't do it without you. Thank you.
To inform. To inspire. To ignite change for the common good.
News & Opinion
Trending
Common Dreams, Inc. Founded 1997. Registered 501(c3) Non-Profit
Privacy Policy