February 23, 2012
Second federal judge rules Defense of Marriage Act unconstitutional
Another federal district court judge has ruled that the federal Defense of Marriage Act, which denies federal benefits to same-sex married couples, is unconstitutional. In Golinski v. United States Office of Personnel Management, Judge Jeffrey White applied a heightened scrutiny under the Equal Protection Clause, but further held that the law would fail even under rational review.
White held that the law “treats gay men and lesbians differently on the basis of their sexual orientation” without a rational legal basis and therefore violated the plaintiff’s “equal protection of the law under the Fifth Amendment to the United States Constitution by, without substantial justification or rational basis, refusing to recognize her lawful marriage to prevent provision of health insurance coverage to her spouse.”
More on the ruling and background of the law from the San Francisco Chronicle:
Read the rest here.