Defense of Marriage Act: 2nd judge overturns law

Dan82 · May 25, 2012

http://www.sfgate.com/cgi-bin/article.cgi?f=/c/a/2012/05/25/MN4N1ONCRO.DTL

Congress violated constitutional standards on legalized bigotry when it denied federal benefits to same-sex spouses and excluded domestic partners of state employees from long-term health coverage, a federal judge ruled Thursday.

The decision by U.S. District Judge Claudia Wilken of Oakland was the second by a Bay Area judge this year to strike down the Defense of Marriage Act, the 1996 law withholding more than 1,000 federal benefits - such as joint tax filing, Social Security survivor payments and immigration sponsorship - from gays and lesbians legally married under state law.

Wilken also overturned another 1996 law that denied federal tax benefits to long-term health insurance plans for state employees if they included domestic partners.

That law, like the Defense of Marriage Act, was based on "moral condemnation and social disapprobation of same-sex couples," she said. She cited assertions during congressional debate that same-sex domestic partnership was "an attack on the family" and would "undermine the traditional moral values that are the bedrock of this nation...

Read more: http://www.sfgate.com/cgi-bin/article.cgi?f=/c/a/2012/05/24/MN4N1ONCRO.DTL#ixzz1vuVnqFSQ
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Linthras · May 25, 2012

Dan82 said: ↑

Defense of Marriage Act: 2nd judge overturns law

Congress violated constitutional standards on legalized bigotry when it denied federal benefits to same-sex spouses and excluded domestic partners of state employees from long-term health coverage, a federal judge ruled Thursday.

The decision by U.S. District Judge Claudia Wilken of Oakland was the second by a Bay Area judge this year to strike down the Defense of Marriage Act, the 1996 law withholding more than 1,000 federal benefits - such as joint tax filing, Social Security survivor payments and immigration sponsorship - from gays and lesbians legally married under state law.

Wilken also overturned another 1996 law that denied federal tax benefits to long-term health insurance plans for state employees if they included domestic partners.

That law, like the Defense of Marriage Act, was based on "moral condemnation and social disapprobation of same-sex couples," she said. She cited assertions during congressional debate that same-sex domestic partnership was "an attack on the family" and would "undermine the traditional moral values that are the bedrock of this nation...

Read more: Defense of Marriage Act: 2nd judge overturns law
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If only this was USSC ruling....

Zontar · May 25, 2012

It still sets precedent.

Defense of Marriage Act: 2nd judge overturns law

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