Federal judges rule govt. cannot deny same-sex benefits to workers

Two 9th Circuit judges, ruling in separate cases, have determined that the federal Defense of Marriage Act cannot be used to deny health benefits to the same-sex partners of government workers. One case involved federal public defender Brad Levenson, who had been denied spousal benefits to his husband, Tony Sears. In a ruling issued this week, 9th U.S. Circuit Court of Appeals Judge Stephen Reinhardt said DOMA was discrimination on the basis of sexuality and unconstitutional. "Because there is no rational basis for denying benefits to the same-sex spouses of [Federal Public Defender] employees while granting them to the opposite-sex spouses of FPD employees, I conclude that the application of [federal statutes] so as to reach that result is unconstitutional," Reinhardt said in a 15-page written ruling. He also slashed one of the objectives of DOMA - to preserve traditional marriage. "Gay people will not be encouraged to enter into marriages with members of the opposite sex by the government's denial of benefits to same-sex spouses," he wrote. The other case involved 9th Circuit staff lawyer Karen Golinski who had been denied benefits for her spouse. Chief Judge Alex Kozinski skirted the constitutionality argument in his determination, ruling that the wording of DOMA was vague and ambiguous. Both judges ruled as dispute resolution officials - a mechanism where employees within the federal judiciary who are prohibited from suing in federal court can seek redress. Because of this, the decisions are not legally binding outside of the 9th Circuit, which covers the West and includes Alaska and Hawaii. President Obama has called for repeal of federal DOMA and legislation is expected to be introduced in the current session of Congress.