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GIVING LOVE A BAD NAME

limo_driver_photo_nyreblog_com_.JPGChristopher Nathan, a law clerk for U.S. Magistrate Maria Elena James, filed a complaint with the Administrative Office of the U.S. Courts after he was denied health coverage for his spouse, Thomas Alexander. (Nathan and Alexander were married by Magistrate James in 2008, when same-sex marriages were legal in California.)

The couple's problem stemmed from the 1996 Defense of Marriage Act (DOMA) which bars federal recognition of same-sex unions. (That law provides that, "[t]he word 'marriage' means only a legal union between one man and one woman as husband and wife, and the word 'spouse' refers only to a person of the opposite sex who is a husband or wife.")

While Chief Judge James Ware of the Northern District of California held that the denial of benefits based on an individual's sexual orientation was discriminatory, he was unable to mandate the coverage, but ordered that the couple be compensated for all past and future health insurance costs. Judge Ware's determination piggy backs off of Judge Jeffrey White's decision in Golinski v. United State of Personal Management , where DOMA was found to be unconstitutional when used to deny same-sex employees insurance benefits.

hidden_bride_gif_nyreblog_com_.GIFTo view a copy of the North District of California's decision, please use this link: Golinski v. United State of Personal Management

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Inquiries may be directed to Newman Ferrara attorneys Jeff Norton and Randy McLaughlin at 212-619-5400.

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