Lesbian federal worker wins health benefits case

A federal judge in San Francisco says the U.S. government cannot deny health benefits to the wife of a lesbian court employee by relying on the 1996 law that bars government recognition of same-sex unions.

U.S. District Judge Jeffrey White ruled Wednesday that because the Defense of Marriage Act unconstitutionally discriminates against same-sex married couples, the government's refusal to furnish health insurance to Karen Golinski's wife is unjustified.

The Department of Justice originally opposed Golinski in her lawsuit against the Office of Personnel Management, but changed course last year after President Barack Obama and Attorney General Eric Holder said they would no longer defend the Defense of Marriage Act.

When White heard the case in December, a lawyer hired by the U.S. House of Representatives argued that the act does not violate the civil rights of federal workers with same-sex spouses.

[Watchful123]

The judge violated the law of the US Congress.

[Watchful123]

The US Congressional body can only act on the defense of the law at this point. The violative member of the judicial branch of government has abandoned adherance to the constituional process that enacted the official law nod not upheld the honor of the bench.

[Watchful123]

...and in effect - has not upheld the honor of the nation.

[Oceanliner]

Marriage is a state issue. Some states allow the sale of raw milk and others don't. Likewise some states allow civil unions or gay marriage and most do not. Since Federal law always trumps state law where is the unconstitutionality of this? The real issue should be why the Executive branch is failing to uphold the law....that in itself should be the issue here.