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Lambda Legal Files Complaint Directly Challenging DOMA in Golinski

Lambda Legal and Karen Golinski file an amended brief in district court, challenging the constitutionality of the Defense of Marriage Act by arguing that it discriminates against her “as a lesbian married to someone of the same sex.”

In the filing, Golinski and Lambda Legal argue, “To the extent that the disparity of treatment with regard to federal employment-related benefits available to Ms. Golinski is, in fact, mandated by DOMA, 1 U.S.C. § 7, that disparity of treatment creates a classification that treats similarly situated individuals differently without adequate justification and improperly burdens and penalizes her relationship, based on her sexual orientation and her sex in relation to the sex of her spouse, in violation of the rights of equal protection and due process secured by the Fifth Amendment of the Constitution of the United States.”

The brief goes on to request that the district court declare Section 3 of DOMA unconstitutional and issue an order prohibiting the OPM from stopping Golinski’s attempt to enroll her wife under her health insurance plan.

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