824 F. Supp. 2d 968
N.D. Cal.2012Background
- Golinski, a Ninth Circuit staff attorney, is married to a woman (California 2008);
- She seeks FEHB benefits for her wife;
- OPM denied enrollment citing DOMA §3;
- Kozinski ordered enrollment despite DOMA, later conflicts with OPM guidance;
- Golinski filed mandamus and amended complaint seeking constitutional relief;
- Court grants summary judgment for Golinski and dismisses DOMA defenses
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Does DOMA §3, as applied, violate equal protection under the Fifth Amendment? | Golinski argues same-sex marriage denial discriminates | BLAG/OPM argue statute is constitutional | Unconstitutional as applied |
| What level of scrutiny applies to classifications based on sexual orientation? | Golinski seeks heightened scrutiny due to immutability | High Tech Gays rational-basis legacy controls | Heightened scrutiny applies |
| Do Congress's four justifications for DOMA satisfy heightened scrutiny? | None substantially related to legitimate objectives | Justifications are substantial governmental interests | All four fail to satisfy heightened scrutiny |
| Does DOMA survive rational-basis review as an alternative? | Even rational basis fails | Statute has plausible rational bases | DOMA fails rational-basis review as well |
Key Cases Cited
- Loving v. Virginia, 388 U.S. 1 (1967) (fundamental right to marry; racial classifications invalidated)
- Lawrence v. Texas, 539 U.S. 558 (2003) (overruled Bowers; sexual orientation protected)
- Romer v. Evans, 517 U.S. 620 (1996) (strict scrutiny applied to sexual orientation discrimination)
- City of Cleburne v. Cleburne Living Center, 473 U.S. 432 (1985) (equal protection; minority classifications require stronger justification)
- Plyler v. Doe, 457 U.S. 202 (1982) (strict scrutiny considerations for protected classes)
- Lawrence v. Texas, 539 U.S. 558 (2003) (reaffirmed treatment of sexual orientation under equal protection)
- Clark v. Jeter, 486 U.S. 456 (1988) (heightened scrutiny framework for certain classifications)
- Heller v. Doe, 509 U.S. 312 (1993) (rational-basis review standard guidance)
- Gill v. Office of Personnel Management, 699 F. Supp. 2d 374 (D. Mass. 2010) (predecessor on DOMA rationales and benefits)