Wilken 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. She 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.
It's another nail in the coffin of a law which Obama has said his White House will not defend (although nor is he seeking to be the one to repeal it). A showdown in the Supreme Court looks increasingly likely, but this 1996 law has been on quite a journey.
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You can access the judgment here.
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