HRC Blog

Another Federal Judge Finds DOMA Unconstitutional

Post submitted by Brian Moulton, Former HRC Legal Director

A federal judge in California has ruled that the Defense of Marriage Act (DOMA) unjustly discriminates against same-sex married couples and domestic partners.

The ruling for the plaintiffs is in Dragovich v. Department of Treasury, just one of the many ongoing DOMA challenges in federal courts across the country.  This case, brought in the Northern District of California, challenges DOMA because it, together with federal healthcare and tax laws, prevents the California public employees’ retirement system (CalPERS) from enrolling same-sex spouses and domestic partners of retirees in its long-term care insurance program. 

If you’re keeping count, we now have rulings against DOMA’s constitutionality from federal courts in cases in Massachusetts and two others in California.  Three of those cases are currently before federal appeals courts in Boston and San Francisco.

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