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View Diary: Obama, OPM defy court order (52 comments)

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  •  Minimalist approach (3+ / 0-)
    Recommended by:
    burrow owl, neroden, condorcet

    While I tend to agree as I think DOMA is a patently unconstitutional, Jusge Kozinski is following the principle that it is best if you can decide a case on statutory grounds without reaching the constitutional ground unless it is absolutely necessary. I think his ruling makes clear that Golinski's wife wouldn't qualify as a spouse because of DOMA, but DOMA defines just the definition of spouse and not of the word family. The Federal employee benefits plan covers more than just spouses and children, but also contains the nebulous and undefined word family members. While I'd applaud him declaring DOMA unconstitutional, his ruling in the matter was reasonable in light of the facts. The much more liberal Judge Reinhardt did find DOMA unconstitutional in his parallel case. It should be interesting to see how this matter progresses or whether Congress will get off its duff and pass the Domestic Partner Benefits and Obligations Act thereby potentially mooting this case except for the value of the back benefits owed since the original order.

    "So it was OK to waterboard a guy over 80 times but God forbid the guy who could understand what that prick was saying has a boyfriend."--Jon Stewart

    by craigkg on Fri Dec 18, 2009 at 01:56:08 PM PST

    [ Parent ]

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