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Judge Dismisses Golinski Lawsuit, Sets Deadline for Amended Complaint Challenging DOMA

District Court Judge Jeffrey White, a George W. Bush appointee, dismisses Karen Golinski’s suit, but invites her to file an amended complaint by April 15, 2011 challenging the constitutionality of DOMA.  In his ruling, Judge White notes that DOMA is not facially challenged in the case before him, and that he can therefore decide only the narrow procedural question of whether the OPM was right to deny coverage to Golinski’s wife.  In doing so, he decides that OPM does not have to abide by Judge Kozinski’s orders.

Inviting Karen Golinski to amend her complaint, Judge White writes, “The Court would, if it could, address the constitutionality of both the legislative decision to enact Section 3 of DOMA to unfairly restrict benefits and privileges to state-sanctioned same-sex marriages or address the conflict regarding the Executive’s decision not to defend the constitutionality of a law it has determined appropriate to enforce. However, the Court is not able to reach these constitutional issues due to the unique procedural posture of this matter.”

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