Defense of Marriage Act ruled unconstitutional by judge

[æonpax]

A judge on Wednesday declared the 1996 Defense of Marriage Act unconstitutional and ordered the federal government to ignore the statute and provide health benefits to the wife of a lesbian federal court employee.

The ruling by U.S. District Judge Jeffrey S. White was the first since the Obama administration announced a year ago that it would no longer defend a law it considers discriminatory and reflective of a long history of denying equal rights to gays and lesbians.

White ordered the federal Office of Personnel Management to enroll the wife of Karen Golinski, an attorney for the U.S. 9th Circuit Court of Appeals, in the health benefits program available to other employees of the federal judiciary. The Defense of Marriage Act prohibits the extension of federal benefits to same-sex spouses, and Golinski's wife, Amy Cunninghis, had been repeatedly denied coverage since the couple married in 2008.

"The court finds that DOMA, as applied to Ms. Golinski, violates her right to equal protection of the law … without substantial justification or rational basis," wrote White, who was named to the federal bench a decade ago by President George W. Bush - http://www.latimes.com/news/local/la-me-0223-doma-20120223,0,7882387.story


There are two comments I'd like to make on this,

1) DOMA only really applies to federal employees and I fully expect a legal challenge by the right on this ruling.

2) I had asked myself how this applies to the bisexual community. All the bi married couples I know are M/F. That got me to actually thinking, how many same sex couples, who are bi, does this apply to?......or better yet, how many same sex bi couples actually are there?

[Gearbox]

I've only met a few bi's in a same sex CP or relationship (open). But the ones I have met call themselves 'Gay'. For various reasons ranging from "It's just easier on me!" - "I can only be open if with a male (same sex)". But they confide that they do have sexual attraction to the opposite sex too (that's how I know they are bi).
I've only met about 6, so not a great census!:rolleyes: BUT I've met bi's in opposite gender relationships that cruise for same sex and call themselves 'Gay' too. One particular FB of mine turns 'straight' after cumming, has a gf, but is down as 'Gay' on hookups sites.
Being 'Gay' is just easier in some situations. I have thought about lying myself, just to skip the BS I get.

Sorry if this isn't what you were asking about.:eek:

[wanderingrichard]

I'm having a rough time believing that the wife's name is real. < Golinski's wife, Amy Cunninghis> sounds like a second year college student made it up in a last gasp effort of a term paper.

i just know i am going to catch a load of shit from other members here, because i won;t agree with their ideas, actually couldn't care less, but here's what i think, starting with your second part;

2) I had asked myself how this applies to the bisexual community. All the bi married couples I know are M/F. That got me to actually thinking, how many same sex couples, who are bi, does this apply to?......or better yet, how many same sex bi couples actually are there?

Aeon; in almost every state, same sex bi couples are classified as gay or lez. plus most states seem to refuse to acknowledge that bi's exist. governments just can't get past the fact that human sexuality is not cut and dried from black and white cloth. even in states where we can now marry legally, this paradigm still exists.

also, as a former swinger, m/f bi couples seem to be the norm, with predominately the woman usually being "situationally bi" which in my book means she's actually extremely submissive and will perform bi acts for her more domineering hubby, mostly to keep him happy, in a few cases becuase she may think that is the only way to keep the marriage stable or intact.

But, i have met couples where the man was bi, the wife not, but loved the fact that her man was open enough to share himself with another man and usually her as well. yes, threesomes in a healthy open relatinship exist.

involvment with the latter has shown me that when one spouse is bi but is not open to the other about it, hides it, then these partnerships are doomed to fail. conversely if there is true openness and trust, being a bi partner in a marriage is not a problem.

most same sex bi couples usually end up being type cast as gay or lez. ( think i'm redundant on this) in fact a lot of bi men i've been involved with fear being seen as gay so usually wrap themselves in the marriage blanket to be socially acceptable.

the Feds? hmpf, i work for the #5 DoD contractor in the US. after 22 years in this whacked out world, i can say with certainty the while DOMA is applied within the federal side of things, most often the talented people being discriminated against under DOMA usually come to us. besides better pay and normally but not always better treatment, our benefits for same sex couples are far better.

which brings me to the morality of DOMA . since the gov't so self rightousely stands on it's collective soap boxes and declares they will not discriminate based on race religon color creed or person value systems, how could they be such schizophrenic hypocrites and even come up with such a policy?

if the court did really declare DOMA unconstitutinal, hey great. about time they got slapped down because of it.

I think we should also reference the thread "my life as a bisexual wife" by still_shy here in fora. take time to read it and you should get really get a feel for that answer you are seeking.