In Blow To Boehner Lawyers, Bush Appointee Declares DOMA Unconstitutional

A federal judge has ruled provisions of the Defense of Marriage Act (DOMA) unconstitutional, dealing a blow to the legal team House Speaker John Boehner hired to defend the statute in court.

“The passage of DOMA marks a stark departure from tradition and a blatant disregard of the well-accepted concept of federalism in the area of domestic relations,” ruled Judge Jeffery White of the Northern District of California. White was appointed to the bench by George W. Bush.

The case in question involves a federal judicial law clerk Karen Golinski who requested benefits for her spouse. It’s the case that DOJ said it wouldn’t defend because a review found it unconstitutional. DOJ said last week they also wouldn’t defend a statute which bans same-sex partners of veterans and members of the military from receiving benefits.

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