BREAKING: Bush Appointee Finds DOMA Unconstitutional

[cal04]

http://thinkprogress.org/lgbt/2012/02/22/430779/breaking-bush-appointee-finds-doma-unconstitutional/

Moments ago, Judge Jeffery White of the District Court for the Northern District of California ruled that the Defense of Marriage Act (DOMA) violates the Constitution’s equal protection clause in a case brought by Karen Golinski. Golinski, represented by Lambda Legal, “was denied spousal health benefits by her employer, the U.S. Ninth Circuit Court of Appeals in San Francisco.” White was appointed to the court by President George W. Bush in 2002. The decision represents a serious setback for House Speaker John Boehner (R-OH), whose Bipartisan Legal Advisory Group (BLAG) defended DOMA after the Obama administration announced it would no longer defend the law. Read the full opinion here. (HT: GinnyLaRoe)

Update

The Court has ruled that considerations of discrimination against people based on sexual orientation should be held to heightened scrutiny for all four factors that determine such scrutiny:

HISTORY OF DISCRIMINATION: The first factor courts consider is whether the class has suffered a history of discrimination. There is no dispute in the record that lesbians and gay men have experienced a long history of discrimination.

more at link

Update
The Court rebuked Congress for BLAG’s argument that caution should be taken with issues that can be socially divisive:

BREAKING NEWS: DOMA ruled unconstitutional in California case
http://sdgln.com/news/2012/02/22/breaking-news-doma-ruled-unconstitutional-california-case
(snip)
District Judge Jeffery White, an appointee by President George W. Bush in 2002, ruled that DOMA violates the rights of Karen Golinski, who was denied spousal health benefits by her employer, the Ninth Circuit Court of Appeals in San Francisco.

In Blow To Boehner Lawyers, Bush Appointee Declares DOMA Unconstitutional
http://livewire.talkingpointsmemo.com/entries/in-blow-to-boehner-lawyers-bush-appointee-declares

[hifiguy]

1. That'll set reichwing heads exploding.

[Justice wanted]

2. Ohhh It'll be fun to watch the Freepers and talking heads