HUGE! LAT - Fed Judge Rules Denying Same-Sex Benefits Unconstitutional!

[stopbush]

Federal judge rules denial of health coverage to same-sex spouse unconstitutional
10:54 AM, February 5, 2009

A federal judge has deemed unconstitutional the government’s denial of healthcare coverage and other benefits to the same-sex spouse of a Los Angeles public defender, calling into question the validity of the 1996 Defense of Marriage Act.

9th U.S. Circuit Court of Appeals Judge Stephen Reinhardt said the federal government’s refusal to grant spousal benefits to Tony Sears, the husband of deputy federal public defender Brad Levenson, amounted to unlawful discrimination on the basis of sex and sexual orientation.

“Because there is no rational basis for denying benefits to the same-sex spouses of employees while granting them to the opposite-sex spouses of FPD employees, I conclude that the application of so as to reach that result is unconstitutional,” Reinhardt wrote in an order to the U.S. Courts administration to submit Levenson’s benefits election form. The ruling was issued Monday and published Wednesday.

“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 of benefits available to other spouses in order to discourage them from exercising a legal right afforded them by a state,” Reinhardt wrote.

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

[tblue]

1. Love that 9th Circuit Court. They GET it.

[LiberalEsto]

2. Yessss!

Wonderful news.

[GinaMaria]

3. That's a step in the right direction!

Great news

[Bolo Boffin]

4. The only thing that may get the right wing noise machine off of Obama's nominees.

And let's hear it for the decision as well!

[Peace Patriot]

5. Sometimes I think the 9th is the only federal court left that believes in the Constitution.

Let's hope that changes soon, so that they all do.

:patriot:

[Deja Q]

6. K&R!

[ColbertWatcher]

7. Excellent news! Kick and rec!

This is the best reason why we need to keep the Federalist Society cultists out of our courts!

[Bluenorthwest]

8. Nice

Better watch your faith based step, the Constitution is not dead yet!

[county worker]

9. Question not relevant to the decision. If two men get married are both of them a husband?

I don't mean to start anything here, I just don't know. If two women are married are the both wives?

[Hell Hath No Fury]

12. Yes.

All the male married couples I know here in SF refer to their same-sex partner as their "husbands" same with the gals -- they refer to each other as wives. Though some couples I know do still use the more generic "partner".

[Shakespeare]

10. A big toast for the 9th Circuit.

:woohoo: for doing the right thing.

[chollybocker]

11. Of course.

Rights are found in the courts, not in the court of public opinion. It'll be interesting to hear how Prop 8 lawyers will argue in the coming months.

[huskerlaw]

13. WTG, 9th Circuit!!

:woohoo:

:toast: