****9th Circuit Court Rules Against DOMA****

[Bluebear]

The Ninth Circuit Court of Appeals just ordered Federal Health Insurance Benefits for same sex married couples. The case involves Deputy Federal Public Defender Brad Levenson, who married Tony Sears last July 12, and 9th Circuit staff lawyer Karen Golinski, who married Amy Cunninghis last year.

The LA Observer reported today that the ruling by Judge Stephen Reinhardt says the Defense of Marriage Act unconstitutionally denies benefits to gay federal employees' spouses. The ruling filed under the Order, Employment Dispute Resolution Plan for the Ninth Circuit Court of Appeals says:

"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....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.

A lawyer for the staff attorney said this is believed to be the first time federal employees will get benefits covering a same-sex spouse. Reinhardt and Kozinski wrote the orders in their roles as hearing officers for some circuit employee disputes."


Stand by for the meltdowns of Christianist and right-wing sites everywhere.

http://joemygod.blogspot.com/

[merh]

1. Yes!

Thank you 9th circuit.

[nadinbrzezinski]

2. GOOD

[Tangerine LaBamba]

3. The hippest circuit in the country

If you're gonna take this case to an appellate court, this is the one you want.

NOW, it really should get interesting.

Way to go, Ninth!!!!

:toast:

[SoCalDem]

5. It will end up in SCOTUS, and Scalia will decide what's legal

I'm sure this was part of the plan from the beginning.. they had to know that the 9th would overturn it, and the appeal will end up in DC:grr:

[Tangerine LaBamba]

14. First you'll have to have an opposing decision

come down in another Circuit. That'll happen, and, if we're lucky, Nino Scalia will have smoked and eaten himself to death by then, Clarence Thomas's high blood pressure will bring him down in an instant, and PRESIDENT OBAMA will have appointed two new jurists.

It'll take a while.

[Ms. Toad]

22. No, you don't.

The losing party just has to appeal, and the Supreme Court has to grant cert. This is a bad thing.

[Tangerine LaBamba]

24. But, certiorari is discretionary

I don't see this Court exercising that discretion.

Actually, I don't even want to think of this Court getting jurisdiction on this one. I'd rather wait until Obama has had a chance to appoint some Justices, but even if Ginsberg retires, that's a liberal seat that'll just be replaced. We don't get any advantage, dammit.

[Terran]

29. This court has already upheld Equal Protection for gays

in the Texas sodomy law decision. I think, if they're willing to take the case, they might surprise us.

[Tangerine LaBamba]

31. I know,

but Lawrence was a very narrow decision, addressing private conduct via the due process application of the Fourteenth Amendment. This case involves a much broader issue and that's when these strict constructionist fuckers like Scalia scare me.

This case would actually involve ruling that gays weren't people - essentially, that's what they would be saying if they were to strike down this 9th Circuit decision. I don't see the gutless Court going that far. I think they'd duck it and wait for the conflict issue to bestow automatic jurisdiction.

[customerserviceguy]

46. Completely correct

And there might be a challenge to the same-sex marriages that this case used to strike down DOMA. If Prop H8 is held to invalidate them retroactively, then the couples have no standing to sue.

It only takes a four Justices to grant certiorari, I can see Scalia, Thomas, Alito and Roberts doing just that in order to get it in front of the Court while they can still bring Kennedy along with them. There's a big difference between giving benefits to someone over a relationship that is not well settled in American tradition, and being tossed into prison over something that people have been doing since the beginning of recorded history. The Court was unwilling to continue to countenance the latter, but they may not warm up completely to the former.

[Ms. Toad]

36. That is different from holding that DOMA

is unconstitutional.

Based on prior cases decided by the Supreme Court (stare decisis), they should - but with this court they are likely to find a way to distinguish the prior cases. I do NOT want an affirmative decision that DOMA is constitutional, because an affirmative decision is very hard to get rid of (and then we're stuck with waiting around for the legislature to work - AND it is likely that a decision on the federal DOMA would be respected when any state DOMAs come along to the court.

[Politicalboi]

47. I love that picture

Let's hope Scalia puts his foot in his mouth over torture. Maybe he can be impeached.

[gratuitous]

4. Listen closely; the sound you now hear

Millions of marriages breaking apart all over the country, as "equal protection under law" is actually applied for a change.

[Sebastian Doyle]

6. Let me guess what the right wing spin on this is.........

WELL OF COURSE THEY VOTED IN FAVOR OF THE SODOMITES!!!111!!!1 THE 9TH CIRCUS IS THE MOST LIBRUL COURT ON THE PLANIT!!!1!!!1

WE HAVE TO CALL THE SUPREEM COURT RIGHT FUCKING NOW SO THEY CAN OVERTURN THIS WHILE THAT LIBRUL GINSBURGER IS IN THE HOSPITTLE!1!!!!11!!

[Ediacara]

7. Link?

(like a real news site, not a blog)

[Bluebear]

8. Sorry, maybe you can google 9th circuit rulings?

[Ediacara]

13. why is it my responsibility?

[Bluebear]

17. Because you asked? :)

[Ediacara]

19. Sorry if I seem rude, but big news calls for a real link

not a blog. And not even a "real" blog like huffpo or something, but a personal blog.... it may as well have been myspace. When someone asks for a real link, "google it yourself" is the wrong answer.

[Bluebear]

21. Yes you do seem rude, and if you doubt the veracity of the story, go ahead and investigate it.

I'm not your reference librarian :)

In any case, it's great news!

[Ediacara]

39. Have you heard the phrase "extraordinary claims require extraordinary evidence"?

personal blogs aren't "extraordinary" by any means.

[Bluebear]

40. Yes, dear. Alright, already :)

[Tangerine LaBamba]

26. No, you're fair

This link - http://www.laobserved.com/archive/2009/02/9th_circuit_hits_defense.php - says that the decision is to be announced tomorrow.

Either there was a very big leak, or someone made up a big lie.

That fact - that it hasn't been announced - is missing in the OP - or did I miss it? You have to link to it to get that vital bit of information.

[LeftyMom]

34. There's a link to the ruling at the link.

I'd copy and paste it, but honestly, I like to make people do a little work. :evilgrin:

Two clicks. You could have found it in less time than it took to ask somebody do it for you. Jeez.

[Ediacara]

37. There were actually about 41 links in that blog

None of them appear to lead anywhere fruitful.

And seriously, when did proper citation etiquette die? Big news requires a real link, not a blog.

[TahitiNut]

11. Try ...

http://latimesblogs.latimes.com/lanow/2009/02/gay-marriage.html

[Ediacara]

15. thanks

[Ioo]

12. HERE

http://www.abajournal.com/news/two_federal_lawyers_win_benefits_for_same-sex_spouses_in_9th_circuit_orders/

http://www.laobserved.com/archive/2009/02/9th_circuit_hits_defense.php

http://thinkprogress.org/2009/02/05/9th-circuit-benefits/

[Ediacara]

16. thanks

[2Design]

9. another link from la times

http://latimesblogs.latimes.com/lanow/2009/02/gay-marriage.html

[Ioo]

10. ***DOMA TAKES AWAY RIGHTS GUARANTEED BY THE CONSTITUTION FOR GAYS*** (read please)

For those that do not really know what DOMA does, it is not simply a "Fed does not have to recognize me and my husbands marriage (Oct 16, 2008, Oakland CA). It allows the states to explicitly ignore the "Full Faith and Credit Clause" in Article IV Section 1. That is the article that says if you and your wife get married in say VA, and you move to FL, you do not have to be remarried. FL has to take your marriage of VA under Full Faith and Credit Clause.

**** DOMA TAKES AWAY GAY PEOPLES CONSTITUTIONAL RIGHTS ****

DOMA Says GAYS are not covered under the constitution.

[Tangerine LaBamba]

25. When Clinton signed this,

I realized how craven he was, and he lost me forever.

It was unforgivable. He was a lawyer - back then, anyway - had been a law professor, and still, he signed this to suck up to the rightwingnut fundies.

Whore.

[Patsy Stone]

18. Yes!

Go you 9th Circuit, you!

[Hepburn]

20. Gawd, I do love the 9th Cir...at times!

And this is one of those times! :applause:

PS: My late husband clerked on the 9th Cir ~~ so I have a little place in my heart for that court even when they get things wrong!

:hi:

[Zhade]

23. Now if only the bigots hadn't voted to strip my best friends' rights away...

...they could actually GET married and get benefits!

Sigh.

[stevedeshazer]

27. Recommended.

This could be a big step toward full rights for gay couples.

It really is just about civil rights.

Civil rights for ALL Americans.

Good.

[Dr.Phool]

30. If the federal gov't drops the appeals, It's The Law!

Good news. I have gay friends who are married. It's about time!

[sakabatou]

28. HUZZUH!

[struggle4progress]

32. Fed. court may rule marriage act unconstitutional (Michigan Messenger)

By Todd A. Heywood 2/5/09 3:35 PM

The U.S. Court of Appeals for the Ninth Circuit is expected to issue a ruling tomorrow which may declare the Defense of Marriage Act (DOMA) unconstitutional. The Appeals Court is located in San Francisco.

According to the American Bar Association Journal website, the ruling will be issued as part of decision in a employment dispute resolution ...

http://michiganmessenger.com/12856/fed-court-expected-to-rule-marriage-act-unconstitutional



Constitutional Law
Two Federal Lawyers Win Benefits for Same-Sex Spouses in 9th Circuit Orders
Posted Feb 5, 2009, 06:08 am CST
By Debra Cassens Weiss

... Judge Stephen Reinhardt and Chief Judge Alex Kozinski issued the orders as hearing officers for circuit employee disputes, the Daily Journal reports (sub. req.). Reinhardt’s order declared the federal Defense of Marriage Act is unconstitutional, while Kozinski’s order didn’t reach the “hard question” of the statute’s constitutionality. Instead, he said ambiguous language in a federal health benefits act allowed him to order benefits, the story says ...

Jennifer Pizer, senior counsel and director of the national marriage project at Lambda Legal in Los Angeles, acknowledged that the orders do not create direct precedent. But she told the Daily Journal that “they will become part of our national conversation about fairness and equality for same-sex couples."

http://www.abajournal.com/news/two_federal_lawyers_win_benefits_for_same-sex_spouses_in_9th_circuit_orders/

[Starry Messenger]

33. Right the fuck on!!

That is excellent news. k & r!

[Hekate]

35. Step by step, state by state, court by court: this country IS progressing. Go Ninth!

:applause:

[tekisui]

38. knr!~

[AntiFascist]

41. K&R n/t

[tbyg52]

42. Hooray! nt

[LynzM]

43. Yes!!

I'm so glad to see this! Baby step by baby step, sadly, but going in the right direction, at least!

[laconicsax]

44. Fucking Awesome!

[David Zephyr]

45. K&R.

Good stuff and good news, Bluebear.

[Tangerine LaBamba]

48. Where's the opinion?

I just checked the Ninth Circuit's website, and there is no such opinion.

Got any information about this?

[Soylent Brice]

49. i think i just felt my heart almost give out from over excited palpatations.

one down...

oh, and FUCK right wing sites. let them fucking panic, let them go fucking APE SHIT.

the more they act psychotic and have outlandish reactions, the more people they will turn away from their own "cause". just like a child throwing a fit.

on edit: tried to rec, didn't realize it was too late.

[defendandprotect]

50. Great news . . . economic parity -- !!!