Washington Post: Fed judge rules anti-gay marriage law, benefits limit for domestic partners unconstitutional
A judge in California has ruled that the federal law that prohibits recognition of same-sex unions is unconstitutional because it denies long-term health insurance benefits to legal spouses of state employees and retirees.
U.S. District Judge Claudia Wilken also concluded Thursday that a section of the federal tax code that made the domestic partners of state workers ineligible for long-term care insurance similarly violates the civil rights of people in gay and lesbian relationships. Both laws were based on what she called “moral condemnation” of same-sex couples.
“Congress’s restriction on state-maintained long-term care plans lacks any rational relationship to a legitimate government interest, but rather appears to be motivated by antigay animus,” Wilken wrote in ordering the California Public Employees’ Retirement System to allow current and former state employees to enroll their same-sex spouses and partners in the extended care plan.