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Judge Kozinski Again Orders OPM to Cover Golinski’s Wife

As he did in January 2009, Chief Judge Kozinski orders OPM to allow Cunningham to cover her wife under her health insurance plan, and grants her back pay compensation.  In his order, Judge Kozinski concludes that it is he, and not OPM, who holds the proper authority to “interpret laws applicable to judicial employees,” writing, “even as limited by DOMA the [Federal Employee Health Benefits Act] permits judicial employees to provide health insurance coverage to their same-sex spouses.  This court’s non-discrimination plan requires that Ms. Golinski be afforded that benefit.  OPM had, and has, no authority to conclude otherwise.”

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