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Federal Judge Rules Denial Of Health Coverage To Same-Sex Spouse Unconstitutional
LA Times ^ | February 5, 2009

Posted on 02/05/2009 10:26:13 PM PST by Steelfish

Federal judge rules denial of health coverage to same-sex spouse unconstitutional 10:54 AM, February 5, 2009.

A federal judge has deemed unconstitutional the government’s denial of healthcare coverage and other benefits to the same-sex spouse of a Los Angeles public defender, calling into question the validity of the 1996 Defense of Marriage Act.

9th U.S. Circuit Court of Appeals Judge Stephen Reinhardt said the federal government’s refusal to grant spousal benefits to Tony Sears, the husband of deputy federal public defender Brad Levenson, amounted to unlawful discrimination on the basis of sex and sexual orientation.

“Because there is no rational basis for denying benefits to the same-sex spouses of [Federal Public Defender] employees while granting them to the opposite-sex spouses of FPD employees, I conclude that the application of [federal statutes] so as to reach that result is unconstitutional,” Reinhardt wrote in an order to the U.S. Courts administration to submit Levenson’s benefits election form.

The ruling was issued Monday and published Wednesday.

(Excerpt) Read more at latimesblogs.latimes.com ...


TOPICS: Constitution/Conservatism
KEYWORDS: doma; firsthundreddays; homosexualagenda; homosonfr; homotroll; queers; ruling; sodomites
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To: Gondring
Ever study our nations “sodomy laws”??
They existed from the founders (those guys that framed and ratified the US Constitution) until tyrannical liberal activist judges struck them down;
Pure leftist activism plain and simple.
You must have got your revisionist history degree over at www.democraticunderground.com.......
Seriously, your “constitutional” argument is ignorant.

Freedom was never intended to be a trophy for perverts, reprobates and degenerates....
“Our constitution is for a moral and religious people, it is wholly inadequate to the government of any other” — John Adams

41 posted on 02/06/2009 3:29:29 AM PST by DirtyHarryY2K (To hell with the RINO party!)
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To: Steelfish

A federal judge has deemed unconstitutional the government’s denial of healthcare coverage and other benefits to the same-sex spouse of a Los Angeles public defender, calling into question the validity of the 1996 Defense of Marriage Act.

Nonsense. These Judges are out of control and are not ruling on Consitutionality but on their personal issues. They should be removed from office for failure to do their duty.
No matter how many times you read the Consitution you will not find any language that indicates that homosexuals are to receive special consideration due to their perversions....


42 posted on 02/06/2009 3:32:16 AM PST by SECURE AMERICA (Coming to You From the Front Lines of Occupied America)
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To: Gondring

Politics and religion have always been mixed. But that NEVER included same-sex “marriage”.


43 posted on 02/06/2009 4:09:06 AM PST by nobama08
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To: Steelfish

Since every attempt at sanity in an insane world, would somebody tell me what, other than immoral, unhealthy or illegal, IS Constitutional?

We are living in a despotic state, run by judges, who care not one twit for the Constitution or what it means.

Deo vindice


44 posted on 02/06/2009 4:15:55 AM PST by NTHockey (Rules of engagement #1: Take no prisoners.)
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To: Gondring
There are no same-sex “spouses” on the Federal level.
45 posted on 02/06/2009 4:33:26 AM PST by fwdude ("...a 'centrist' ... has few principles - and those are negotiable." - Don Feder)
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To: Steelfish

DOMA falls as predicted and INTENDED this is why clinton signed it.

A federal marriage amendment is now needed.


46 posted on 02/06/2009 4:47:50 AM PST by longtermmemmory (VOTE! http://www.senate.gov and http://www.house.gov)
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To: Steelfish

Reinhardt, Stephen Roy

Born 1931 in New York, NY

Federal Judicial Service:
Judge, U. S. Court of Appeals for the Ninth Circuit
Nominated by Jimmy Carter on November 30, 1979, to a new seat created by 92 Stat. 1629; Confirmed by the Senate on September 11, 1980, and received commission on September 11, 1980.

Education:
Pomona College, B.A., 1951

Yale Law School, LL.B., 1954

Professional Career:
U.S. Air Force, 1954-1956
Law clerk, Hon. Luther W. Youngdahl, U.S. District Court, District of Columbia, 1956-1957
Private practice, Los Angeles, California, 1957-1980

Race or Ethnicity: White

Gender: Male


47 posted on 02/06/2009 4:49:50 AM PST by FreedomPoster (Obama: Carter's only chance to avoid going down in history as the worst U.S. president ever.)
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To: JRandomFreeper

“Sexual orientation, preference, gender, or gender identity should have no impact on the rights of individuals by government, such as in current marriage, child custody, adoption, immigration or military service laws. Consenting adults should be free to choose their own sexual practices and personal relationships. Government does not have the authority to define, license or restrict personal relationships.”

National Platform of the Libertarian Party
Adopted in Convention, May 2008, Denver, Colorado


48 posted on 02/06/2009 4:56:05 AM PST by Mojave ("Hippies, hippies... they want to save the world but all they do is smoke pot and play frisbee!")
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To: Steelfish

More legislating from the bench. Will California just hurry up and break off please.


49 posted on 02/06/2009 5:02:52 AM PST by rfreedom4u (Political correctness is a form of censorship!)
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To: Steelfish

A Carter-appointed leftist/activist judge. This is not surprising. It’s just one more piece of their plan to socialize healthcare and to eliminate morality in America (a two-fer).

Once everyone has the same crappy “healthcare plan” there will supposedly be no discrepancies or discrimination. No problems. Everyone will be miserable. Except that....federal employees will get better healthcare than us peons that refuse to take a Big Brother government job. As usual, there IS no equality when dealing with leftists/socialists/Marxists. Equality is just part of their fascade/lie.


50 posted on 02/06/2009 5:14:07 AM PST by XenaLee
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To: FreedomPoster

And yet still no birth certificate case has been heard.

What Constitution do we have that the judges of the current time do not p1ss on and sh1t on daily? And once defiled they demand we worship their stains. Insanity!


51 posted on 02/06/2009 5:17:48 AM PST by bvw
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To: DirtyHarryY2K
Ever study our nations “sodomy laws”??

Well, I'm not an expert in it, but I am well aware that under the "sodomy laws," it was illegal for a man and woman to engage in anything but procreative sex. (It's kind of a funny thought to think of colonial Hillary Clinton being executed for giving a Lewinsky to Bill.)

And, of course, anyone who knows the history knows that these laws were not against homosexuals, but against anyone...regardless of the gender (or species) of the recipient. So yes, religion crept into the law, but that's going to happen and is part of the community values, but it did not discriminate between homosexuality and heterosexuality until the laws were perverted (pardon) later on.

Secondly, though, I admit being unable to find a reference to a federal law against homosexuality or sodomy in general from the time of the fathers. Please enlighted this "ignorant" FReeper as to where that is.

Thanks.

52 posted on 02/06/2009 6:06:30 AM PST by Gondring (Paul Revere would have been flamed as a naysayer troll and told to go back to Boston.)
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To: fwdude

Agreed. But in many cases, the Federal government acts in accordance with state law.


53 posted on 02/06/2009 6:10:59 AM PST by Gondring (Paul Revere would have been flamed as a naysayer troll and told to go back to Boston.)
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To: Steelfish; 185JHP; AFA-Michigan; Abathar; Agitate; AliVeritas; Antoninus; Aquinasfan; ...
Homosexual Agenda Ping

Freepmail wagglebee to subscribe or unsubscribe from the homosexual agenda ping list.

Be sure to click the FreeRepublic homosexual agenda keyword search link for a list of all related articles. We don't ping you to all related articles so be sure to click the previous link to see the latest articles.

Add keywords homosexual agenda to flag FR articles to this ping list.

54 posted on 02/06/2009 10:22:52 AM PST by wagglebee ("A political party cannot be all things to all people." -- Ronald Reagan, 3/1/75)
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To: Steelfish

Check the blackrobe’s home computer for Nambla porn and if he resides in one of the civilized states, arrest him, clink him, and put him on the sexual predator list.


55 posted on 02/06/2009 10:34:58 AM PST by Neoliberalnot ((Hallmarks of Liberalism: Ingratitude and Envy))
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To: Gondring
*I’m not an expert*
Evidently not.
Sodomy = what sodomites do, ever hear of Sodom? Ever read the Bible?
Noah Webster's Dictionary would be a good place to start..
Look up “sodomite”
56 posted on 02/06/2009 3:49:23 PM PST by DirtyHarryY2K (To hell with the RINO party!)
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To: Gondring

Yup, sodomy laws used to cover both heterosexual and homosexual sodomy. No distinction was made. The Texas law singled out homosexual sodomy.


57 posted on 02/06/2009 4:23:47 PM PST by NinoFan
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To: DirtyHarryY2K

I guess you should check out your own sources.


58 posted on 02/06/2009 7:21:46 PM PST by Gondring (Paul Revere would have been flamed as a naysayer troll and told to go back to Boston.)
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To: Gondring
...in many cases, the Federal government acts in accordance with state law.

Wrong. The federal government DOES NOT recognize marriage between two adults of the same sex - per DOMA.

59 posted on 02/07/2009 9:27:27 AM PST by fwdude ("...a 'centrist' ... has few principles - and those are negotiable." - Don Feder)
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To: Steelfish

Where, exactly, does it say in the constitution we have the right to healthcare?


60 posted on 02/07/2009 10:00:37 AM PST by calex59
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