Lambda Legal DOMA case heard in California

After the “don’t ask, don’t tell” win this week, mainstream media immediately looked for what we’d be after next. An ABC affiliate in California picked up on partner benefits.

A Lambda Legal case, Golinski v. US Office of Personnel Management, was heard before a district court judge in Northern California on Dec. 17.

“Here it’s very difficult for the government to justify giving unequal health insurance to employees that are doing equal work,” said Lambda Legal Marriage Project Director Jennifer Pizer.

The government’s case is based on the Defense of Marriage Act, which they claim is the basis for denying an employee’s partner health benefits.

In this case, Karen Golinski is an attorney who worked for the San Francisco Federal Appeals Court. She has been a federal employee for 19 years. In 2008, she married her partner. They have a 7-year-old son. Denying her wife benefits given other employees is discriminatory, she claims.

As in other recent cases, this one puts the Obama administration in the position of saying it supports the repeal of DOMA, then sending an attorney to defend the law. If Golinski wins, the ruling probably will apply only to her case.

—  David Taffet