gavelThe federal Defense of Marriage Act was dealt another legal blow today in a federal district court in California.  Judge Jeffrey White ruled that using DOMA to deny a federal employee the right to enroll her same-sex spouse as a dependent on her health plan violates the U.S. Constitution.
The court found that DOMA “violates her right to 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.”
The ruling is a setback for Congressional lawyers who are defending DOMA now that the law is not being defended by the Justice Department or the Obama administration, and House Minority Leader Nancy Pelosi called the effort a waste of money.
“In rejecting the arguments of the Bipartisan Legal Advisory Group, the court’s ruling also reaffirmed a core belief of the majority of House Democrats: that the House is not united in this case; that the BLAG lawyers do not speak for Congress; and that BLAG’s intervention remains a waste of taxpayer resources.  The court made it clear that there is no legitimate federal interest in denying married gay and lesbian couples the legal security, rights, and responsibilities guaranteed to all married couples under state law,” Pelosi said in a statement.
The constitutionality of DOMA is under legal attack across the U.S., with cases pending in several federal district and appellate courts.  Read more about this case at Metro Weekly.