DOMA Takes a Hit
The Defense of Marriage Act ("DOMA") has been used as a weapon against the LGBT community, denying same-sex couples access to important federal marriage benefits, even when their state permits the union. Brad Levenson, a gay California federal employee, and his partner, Tony Sears, were unable to take advantage of Levenson's employee benefit plan due to their sexuality. Taking his grievance to the courts, Levenson argued that the denial of federal employee benefits to legally married same-sex couples is unconstitutional.
The 9th Circuit Court of Appeals, a federal appellate court, issued their decision this week:
"...to the extent that the application of DOMA serves to preclude the provision of health insurance coverage to a same-sex spouse of a legally married federal employee because of the employee's and his or her spouses' sex or sexual orientation, DOMA as applied contravenes the Fifth Amendment to the Constitution and is therefore unconstitutional."
Judge's order via Good As You
This makes a very large, very measurable dent in the influence of DOMA. Though the challenge was only to DOMA as-applied and was not a facial challenge -- limiting its application even within the 9th Circuit -- this could set the stage for other federal courts to follow suit and chip away at the anti-gay legislation.
Currently President Obama's political platform includes the full repeal of DOMA.
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