Friday, May 25, 2012

CA: Judge rules DOMA unconstitutional

From The Advocate: A federal judge in California has ruled a section of the Defense of Marriage Act unconstitutional in a case brought by a group of public employees whose same-sex spouses were denied long-term care insurance.

U.S. District Judge Claudia Wilken ruled late Thursday that Section 3 of DOMA, which bars federal recognition of same-sex marriages, violates the equal protection rights of the couples who sued both the federal government and the state's California Public Employees’ Retirement System (CalPERS).

In granting summary judgment to the public employees, Wilken ruled that DOMA and a provision in the federal tax code “are constitutionally invalid to the extent that they exclude Plaintiff same-sex spouses and registered domestic partners from enrollment in the CalPERS long-term care plan.”

Read more at The Advocate.

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