JURIST Supported by the University of Pittsburgh
PAPER CHASE NEWSBURSTDigest RSS feedFull RSS feed
Serious law. Primary sources. Global perspective.


Friday, May 25, 2012

Federal judge strikes down provision of Defense of Marriage Act
Max Slater at 12:31 PM ET

Photo source or description
[JURIST] A federal judge ruled [order, PDF] on Thursday that California's state pension system must afford same-sex spouses of state workers the same access to long-term care insurance as heterosexual spouses. Judge Claudia Wilken of the US District Court for the Northern District of California [official website] struck down a provision of the Defense of Marriage Act (DOMA) [text; JURIST news archive], declaring that the provision unconstitutionally prevented same-sex couples from getting equal pension benefits. Wilken declared [Mercury News report] that the DOMA provision denying same-sex spouses equal federal benefits was not rationally related to a legitimate government purpose. Wilken's ruling mirrors a holding in another Northern Distict of California case in February by Judge Jeffrey White that struck down DOMA as unconstitutional [JURIST report]. The US Court of Appeals for the Ninth Circuit [official website] is scheduled to hear an appeal of that ruling in September.

Governments across the globe have struggled to define rights for same-sex couples. Last week, the city of Buenos Aires passed a resolution [JURIST report] recognizing same-sex marriages for non-citizens. Two weeks ago, the Israeli Knesset [official website] rejected a bill [JURIST report] that would have legalized civil marriages in the country. Earlier that week Rhode Island Governor Lincoln Chafee signed an executive order [JURIST report] requiring government agencies to recognize same-sex marriages performed out-of-state. Earlier this month, voters in North Carolina passed a constitutional amendment to ban same-sex marriage [JURIST report]. In March, Israel's Ramat Gan Family Court ruled that a lesbian couple can both be recognized as mothers of a child they had together, finding that it would defy logic and common sense to deny parental rights to both women.




Link |  | print | subscribe | RSS feeds | latest newscast | Facebook page

For more legal news check the Paper Chase Archive...


LATEST LEGAL NEWS

 Illinois Senate approves medical marijuana bill
12:47 PM ET, May 18

 Colorado sheriffs challenge new gun control laws
11:08 AM ET, May 18

 France president signs same-sex marriage and adoption bill
10:41 AM ET, May 18

 click for more...

Get JURIST legal news delivered daily to your e-mail!

LATEST FORUM

In Alabama, "Back Door" Restrictions on Abortion and Roe
DOMESTIC
LaJuana Davis
Cumberland School of Law

ABOUT

Paper Chase is JURIST's real-time legal news service, powered by a team of 30 law student reporters and editors led by law professor Bernard Hibbitts at the University of Pittsburgh School of Law. As an educational service, Paper Chase is dedicated to presenting important legal news and materials rapidly, objectively and intelligibly in an accessible, ad-free format.

CONTACT

Paper Chase welcomes comments, tips and URLs from readers. E-mail us at JURIST@jurist.org