Government Will Uphold DOMA in Spousal Benefits Case

The Department of Justice, in a filing on Monday, responded to DOMA questions from lawyers representing Karen Golinski, a U.S. appeals court lawyer who is suing the federal government so her wife could receive health benefits.

The AP: Golinski

Government lawyers told a federal judge Monday in San Francisco that the administration will still enforce the Defense of Marriage Act until it is struck down by a court or repealed by Congress. They say its new position on the act's unconstitutionality is irrelevant.

Reuters reports:

Given the recent Obama policy shift on the marriage act, U.S. District Judge Jeffrey White issued a written order last week asking the administration to explain how it could continue defending the Golinski lawsuit.

In a filing on Monday, DOJ attorneys reiterated that Obama told executive agencies to enforce the law until Congress repealed it — even though the administration would no longer defend its constitutionality in court.

But White need not decide the law's constitutionality to resolve the Golinski case, DOJ attorneys wrote. The Kozinski order is not enforceable through the kind of lawsuit Golinski filed, DOJ argued.

Jennifer Pizer, one of Golinski's attorneys, said it would have been much more "helpful and consistent" with Obama's shift had government lawyers taken the position that Golinski could reenroll her wife in the family health plan.

More on the case here from Chris Geidner at MetroWeekly….


  1. Disgusted American says

    Im really gettin tired of the BS in this country…..the bigotry,and Hate are over-whelming…for a country that BRAGS 24/7…365 days a yr about how wonderful and FREE we are…yea – right. Hypocritical Nation is what this country is……when will equality come to this Lying Liar country? Im 50..will I ever see it?

  2. says

    One COULD say it’s another example of Administration Multiple Personality Disorder propped up by a gaggle of [White] House Faggots like OPM Director John Berry under whose authority Golinski falls. But just like his lying during the primaries about his gay rights record in Illinois, just like his misrepresenting his actual beliefs re DOMA which are that states should still have the right to deny marriage equality regardless, just like his phony excuses about stop loss, just like his abandoned promise to fight for ENDA….behind the curtain the simple truth is that Barack Obama is a fraud on LGBT rights. We tried to warn you….

  3. Derrick from Philly says

    “….behind the curtain the simple truth is that Barack Obama is a fraud on LGBT rights. We tried to warn you….”

    Well, Michael, it was either Barack or John Edwards. The Democratic Party made its choice. Was there anyone else?

    Yes, this latest decision by the President’s Justice Department is confusing. Maybe a Huckabee Justice Department would have more clarity. We’ll see.

  4. says

    Have missed you, Derrick, mon cher, but you know and I know…..

    No, NY@: not confusing at all—except for those Presidents who are all mouth and no balls.

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