Updated: Oct 15, 2011 7:26 PM EDT
By SUDHIN THANAWALA
It's getting confusing when it comes to whether the White House is defending or supporting DOMA. This is the case they apparently have based the order not to defend DOMA on, yet it seems to be being enforced in many circumstances. Hopefully this case will produce some sort of direction when it comes to DOMA and lead to its repeal, allowing those who have married (same-sex) to be recognized in every state.
SAN FRANCISCO (AP) - Gays and lesbians are not entitled to the same heightened legal protection and scrutiny against discrimination as racial minorities and women in part because they are far from politically powerless and have ample ability to influence lawmakers, lawyers for a U.S. House of Representatives group said in a federal court filing.
The filing Friday in San Francisco's U.S. District Court comes in a lesbian federal employee's lawsuit that claims the government wrongly denied health insurance coverage to her same-sex spouse. Karen Golinski says the law under which her spouse was denied benefits - the Defense of Marriage Act - violates the U.S. Constitution's guarantee of equal protection.
Golinski's case has received support from the Obama administration. In a brief filed in July that urged the court to find DOMA unconstitutional, the administration argued that it reflected Congressional hostility to gays and targeted an immutable characteristic - sexual orientation - that has nothing to do with someone's ability to contribute to society.
Copyright 2011 The Associated Press