U.S. District Judge Jeffrey White has ruled the Defense of Marriage Act unconstitutional, reports Reuters. White, a Bush appointee, made the ruling in the Golinski v. Office of Personnel Management case, in which Karen Golinski challenged the denial of her health benefits to her same-sex partner. According to Chris Geidner at Metro Weekly, "U.S. District Court Judge Jeffrey S. White today found that Section 3 of DOMA violates the equal protection rights of Golinski, finding that heightened scrutiny applies -- as urged by the DOJ -- and noting that it might not even pass rational basis -- the lowest -- legal scrutiny."
White wrote in the ruling:
The Court has found that DOMA unconstitutionally discriminates against same-sex married couples. Even though animus is clearly present in its legislative history, the Court, having examined that history, the arguments made in its support, and the effects of the law, is persuaded that something short of animus may have motivated DOMA’s passage...
For the full ruling, click here.
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