Posts Tagged As: Karen Golinski
February 24th, 2012
As expected, Congressional Republican leaders have appealed Wednesday’s ruling striking down Section 3 of the Defense of Marriage Act as unconstitutional to the Ninth Circuit Court of Appeals. The Bipartisan Legal Advisory Group (BLAG), under the direction of House Speaker John Boehner, stepped in to defend DOMA when the Obama administration’s Justice Department found that DOMA was unconstitutional. Wednesday, U.S. District Court Judge Jeffrey S. White, a George W. Bush appointee, agreed, saying that there is no rational basis for the provision which bars the federal government from granting employment benefits to legally married spouses of gay employees.
Chris Geidner at Metro Weekly notices that the appeal filing includes this statement: “The Democratic Leader and the Democratic Whip decline to support the filing of this notice of appeal.”
February 22nd, 2012
Chris Geidner at Metro Weekly has the breaking news that Federal District Court Judge Jeffrey S. White found that Section three of the Defense of Marriage Act is unconstitutional. Karen Golinski is suing the Office of Personnel Management for denying her request for equal health insurance benefits for her wife:
In part, U.S. District Court Judge Jeffrey S. White today found that Section 3 of DOMA violates the equal protection rights of Golinski, finding that heightened scrutiny applies — as urged by the DOJ — and noting that it might not even pass rational basis — the lowest — legal scrutiny:
The Court concludes that, based on the justifications proffered by Congress for its passage of DOMA, the statute fails to satisfy heightened scrutiny and is unconstitutional as applied to Ms. Golinski.
Although the Court finds that DOMA is subject to and fails to satisfy heightened scrutiny, it notes that numerous courts have found that the statute fails even rational basis review.
This finding exceeds the Justice Department’s determination that DOMA, section 3, which prohibits the federal government from recognizing fully-legal same-sex marriages, requires heightened scrutiny and is unconstitutional at that level. Because of the Justice Department’s finding, the Obama administration has stopped defending Section 3 in court. The Bipartisan Legal Advisory Group (BLAG), led by the Republican leadership in the House of Representatives, is defending DOMA in the case.
Judge White, a Bush administration appointee, cited a 2001 US Supreme Court discrimination case in finding that DOMA unconstitutionally discriminates against same-sex couples.
Even though animus is clearly present in its legislative history, the Court, having examined that history, the arguments made in its support, and the effects of the law, is persuaded that something short of animus may have motivated DOMA’s passage:
Prejudice, we are beginning to understand, rises not from malice or hostile animus alone. It may result as well from insensitivity caused by simple want of careful, rational reflection or from some instinctive mechanism to guard against people who appear to be different in some respects from ourselves.
BLAG has the option of appealing the decision to the Ninth Circuit Court of Appeals. Two other similar cases in Massachusetts resulted in DOMA’s Section 3 being declared unconstitutional there. Those cases are now on appeal with the First Circuit Court of Appeals.
December 16th, 2011
Today Justice Jeffrey White heard testimony as to whether the federal Defense of Marriage Act (DOMA) was in violation of the US Constitution when it was applied to deny spousal benefits to Karen Golinski, a legally married federal employee. In advance, White, a George W. Bush appointee, provided a list of questions that he wanted addressed. It can’t have been a happy day for Paul Clement when he saw them.
The list of ten questions began with:
1. The passage of Section 3 of the Defense of Marriage Act (“DOMA”) marks a unique departure from the recognition the federal government historically has afforded to State marital status determinations.
It quickly trotted on to such inquiries as “What is the authority for the position that only the right to opposite-sex marriage is fundamental as opposed to the right to marriage generally?” and “How does BLAG distinguish the line of authority treating classifications based on religious affiliation as a suspect class from classifications based on sexual orientation?” and “How does BLAG’s argument about the tradition of heterosexual marriage differ from the miscegenation context?”
And surely when he came to number 9 Clementi must have cringed:
9. To the extent the Court decides the issues presented on the motion for summary judgment…
This does not mean that White will rule in Golinski’s favor or that the ruling will apply broadly should he do so. But it does suggest that White has no concerns about the arguments made by Golinski’s counsel but is finding the arguments presented by DOMA’s defense to rely on assumptions that White was not willing to make.
Adding sway to Golincki’s case, the head of the civil division of the Department of Justice showed up to argue in her behalf. This is but the second time that Assistant Attorney General Tony West has personally appeared in court to represent the Government and his appearance signaled the significance with which the Obama Administration has begun to take the issue of marriage equality.
Of course one can never tell how a judge will make their determination. But, at this point, things look encouraging.
In this original BTB Investigation, we unveil the tragic story of Kirk Murphy, a four-year-old boy who was treated for “cross-gender disturbance” in 1970 by a young grad student by the name of George Rekers. This story is a stark reminder that there are severe and damaging consequences when therapists try to ensure that boys will be boys.
When we first reported on three American anti-gay activists traveling to Kampala for a three-day conference, we had no idea that it would be the first report of a long string of events leading to a proposal to institute the death penalty for LGBT people. But that is exactly what happened. In this report, we review our collection of more than 500 posts to tell the story of one nation’s embrace of hatred toward gay people. This report will be updated continuously as events continue to unfold. Check here for the latest updates.
In 2005, the Southern Poverty Law Center wrote that “[Paul] Cameron’s ‘science’ echoes Nazi Germany.” What the SPLC didn”t know was Cameron doesn’t just “echo” Nazi Germany. He quoted extensively from one of the Final Solution’s architects. This puts his fascination with quarantines, mandatory tattoos, and extermination being a “plausible idea” in a whole new and deeply disturbing light.
On February 10, I attended an all-day “Love Won Out” ex-gay conference in Phoenix, put on by Focus on the Family and Exodus International. In this series of reports, I talk about what I learned there: the people who go to these conferences, the things that they hear, and what this all means for them, their families and for the rest of us.
Prologue: Why I Went To “Love Won Out”
Part 1: What’s Love Got To Do With It?
Part 2: Parents Struggle With “No Exceptions”
Part 3: A Whole New Dialect
Part 4: It Depends On How The Meaning of the Word "Change" Changes
Part 5: A Candid Explanation For "Change"
Using the same research methods employed by most anti-gay political pressure groups, we examine the statistics and the case studies that dispel many of the myths about heterosexuality. Download your copy today!
And don‘t miss our companion report, How To Write An Anti-Gay Tract In Fifteen Easy Steps.
Anti-gay activists often charge that gay men and women pose a threat to children. In this report, we explore the supposed connection between homosexuality and child sexual abuse, the conclusions reached by the most knowledgeable professionals in the field, and how anti-gay activists continue to ignore their findings. This has tremendous consequences, not just for gay men and women, but more importantly for the safety of all our children.
Anti-gay activists often cite the “Dutch Study” to claim that gay unions last only about 1½ years and that the these men have an average of eight additional partners per year outside of their steady relationship. In this report, we will take you step by step into the study to see whether the claims are true.
Tony Perkins’ Family Research Council submitted an Amicus Brief to the Maryland Court of Appeals as that court prepared to consider the issue of gay marriage. We examine just one small section of that brief to reveal the junk science and fraudulent claims of the Family “Research” Council.
The FBI’s annual Hate Crime Statistics aren’t as complete as they ought to be, and their report for 2004 was no exception. In fact, their most recent report has quite a few glaring holes. Holes big enough for Daniel Fetty to fall through.