9th Circuit Decisions Hit DOMA

Two decisions out of the 9th Circuit - one of the more liberal in the country as opposed to say the 4th Circuit which includes Virginia, North and South Carolina, Maryland and West Virginia which is one of the most conservative - have struck at the validity of the federal Defense of Marriage Act ("Doma") which was passed to prevent the recognition of gay marriage. One ruling, in fact held that DOMA was unconstitutional. DOMA is loved by the Christianists because it seeks to undo the normal full faith and credit given to the laws of one state by the other states in the USA - e.g., recognition of a Massachusetts same sex marriage in other states. It basically turns the normal state to state recognition of marriages on its head and worse yet is based on an improper intertwining of religion with the civil laws. Here are some story highlights:

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[A] ruling by Judge Stephen Reinhardt of the 9th U.S. Circuit Court of Appeals says the Defense of Marriage Act unconstitutionally denies benefits to gay federal employees' spouses. That ruling on behalf of an L.A. federal public defender, and another by Chief Judge Alex Kozinski involving claims by a 9th Circuit staff attorney, raises questions about the act.

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"The denial of federal benefits to same-sex spouses cannot be justified simply by a distaste for or disapproval of same-sex marriage or a desire to deprive same-sex spouses benefits available to other spouses in order to discourage exercising a legal right afforded them by the state," Reinhardt wrote in his Feb. 2 order....

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Both orders are internal employee grievance decisions. Both found in favor of the gay employees, directing court administrators to give health insurance benefits to their spouses. The orders also represent direct challenges to DOMA, the 1996 act that forbids the federal government from treating same-sex relationships as marriages for any purpose.