A federal judge in California has ruled that the Defense of Marriage Act (DOMA) unjustly discriminates against same-sex married couples and domestic partners.
Monterey Herald reports:
A federal judge ruled Thursday that the state’s public-employee pension system must make long-term care insurance equally available to same-sex spouses and partners.
U.S. District Judge Claudia Wilken said a provision of the federal Defense of Marriage Act, or DOMA, is unconstitutional to the extent that it limits same-sex spouses of state workers in obtaining the insurance.
The provision of the 1996 DOMA law defines marriage as “a legal union of a one man and one woman as husband and wife.”
It has been used to bar gay and lesbian spouses from obtaining a variety of federal benefits.
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.
Read the full article via MONTEREY HERALD