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A Second Federal Judge Has Ruled That "DOMA" Is Unconstitutional |
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Written by Instinct Staff |
Friday, 25 May 2012
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| Tags: second, federal judge, claudia wilken, u.s., district, oakland, california, marriage equality, defense of marriage act, doma, unconstitutional, rules, finds |
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Another day, another federal judge in California has declared found the "Defense of Marriage Act" to be unconstitutional. Details follow.
U.S. District Judge Claudia Wilken (based in Oakland, California) struck down a portion of DOMA late on Thursday, as she indicated she would do back in February.
The Herald takes it from there:
Wilken issued her ruling in a lawsuit filed against the California Public Employees’ Retirement System, known as CalPERS, by same-sex couples. The system has refused to let gay spouses enroll in its federally approved insurance program on the ground that they were excluded by DOMA.
Wilken said the DOMA ban violated the U.S. Constitution’s guarantee of equal treatment. She wrote that there was no proof the DOMA provision was “rationally related to a legitimate government interest.
In February, U.S. District Judge Jeffrey White of San Francisco became the first federal judge to find DOMA unconstitutional.
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