San Francisco, February 22, 2012) – U.S. District Court Judge Jeffrey S. White today ruled the so-called Defense of Marriage Act (DOMA) unconstitutional, declaring that the discriminatory federal statute violated the U.S. Constitution’s guarantee of equality. Lambda Legal and Morrison & Foerster LLP brought the case on behalf of Karen Golinski, a federal court employee denied spousal health coverage for her wife.

“This ruling, the first to come after the Justice Department announced it would no longer defend this discriminatory statute in court, spells doom for DOMA,” said Tara Borelli, staff attorney in Lambda Legal’s Western Regional Office in Los Angeles. “The Court recognized the clear fact that a law that denies one class of individuals the rights and benefits available to all others because of their sexual orientation violates the constitutional guarantee of equality embodied in the Fifth Amendment. The Court agreed with us that sexual orientation discrimination by the government should receive heightened scrutiny under the constitution. It then concluded that DOMA could not meet that standard, and that there was not even a rational justification to deny Karen Golinski the same spousal health care benefits that her heterosexual co-workers receive.”
KEEP READING: U.S. District Court Judge Rules DOMA Unconstitutional [Lambda Legal]

DOMA's kind of like snow. You know it's going to go away, I know it's going to go away, everyone knows it's going to go away. But in the meantime? Brrr, that sh*t's cold!

Oh, and also like the white stuff: DOMA is prettiest when it's falling!

How hilarious and adorable—this 17-month-old's very first word is "Ma-don-na!"...

Our legal expert Ari Ezra Waldman will have analysis coming up this evening. Check back with us...

Politico's Josh Gerstein:

U.S. District Court Judge Jeffrey White, who sits in San Francisco and was appointed to the bench by President George W. Bush, issued the ruling Wednesday afternoon in a case involving federal judicial law clerk Karen Golinski's request for benefits for her female spouse. White said the stated goals of DOMA, passed in 1996 and signed by President Bill Clinton, could not pass muster under a so-called "heightened scrutiny" test or even a lower "rational basis" threshhold.

"The imposition of subjective moral beliefs of a majority upon a minority cannot provide a justification for the legislation. The obligation of the Court is 'to define the liberty of all, not to mandate our own moral code,'" White wrote. "Tradition alone, however, cannot form an adequate justification for a law....The 'ancient lineage” of a classification does not render it legitimate....Instead, the government must have an interest separate and apart from the fact of tradition itself."

Check out the ruling here.

Reuters' Dan Levine adds:

White, who was appointed by President George W. Bush, a Republican, issued a permanent injunction preventing the government from further interfering with Golinski's ability to enroll her wife in the insurance program.

Chris Geidner at MetroWeekly pulls out some key pieces:

The Court has found that DOMA unconstitutionally discriminates against same-sex married couples. Even though animus is clearly present in its legislative history, the Court, having examined that history, the arguments made in its support, and the effects of the law, is persuaded that something short of animus may have motivated DOMA’s passage:

Prejudice, we are beginning to understand, rises not from malice or hostile animus alone. It may result as well from insensitivity caused by simple want of careful, rational reflection or from some instinctive mechanism to guard against people who appear to be different in some respects from ourselves.

Board of Trustees of University of Alabama v. Garrett, 531 U.S. 356, 374-75 (2001) (Kennedy, J., concurring).

Lambda Legal Staff Attorney Tara Borelli tweets: "This ruling spells doom for #DOMA."

Adds Borelli, in a press release:

"The Court recognized the clear fact that a law that denies one class of individuals the rights and benefits available to all others because of their sexual orientation violates the constitutional guarantee of equality embodied in the Fifth Amendment. The Court agreed with us that sexual orientation discrimination by the government should receive heightened scrutiny under the constitution.  It then concluded that DOMA could not meet that standard, and that there was not even a rational justification to deny Karen Golinski the same spousal health care benefits that her heterosexual co-workers receive."

And here's some extra background on the case from Lambda Legal:

Judge White's ruling is the latest victory in a battle that began in 2008, when Golinski, a 20-year employee of the U.S. Ninth Circuit Court of Appeals, sought to enroll her wife, Amy Cunninghis, in the employee health plan.  It is the first DOMA-related ruling since U.S. Attorney General Eric Holder announced that the Department of Justice had determined DOMA was unconstitutional and would no longer defend it, and the majority leadership of the U.S. House of Representatives hired outside counsel to defend the discriminatory statute.  A similar ruling holding DOMA unconstitutional in a separate case is on appeal in the 1st Circuit.

Golinski's struggle to enroll her spouse in the family health plan, a benefit routinely granted to her married heterosexual co-workers, travelled a torturous path, including two separate orders by Ninth Circuit Chief Judge Alex Kozinski directing that Golinski be allowed to enroll Cunninghis in the health plan, orders ignored by the U.S. Office of Personnel Management (OPM), citing DOMA.  In April 2011, Lambda Legal and Morrison & Foerster filed an amended complaint directly challenging the constitutionality of DOMA.  Judge White heard arguments on this amended complaint on December 16.

Said Golinski: "I am profoundly grateful for the thought and consideration that Judge White gave to my case. His decision acknowledges that DOMA violates the Constitution and that my marriage to Amy is equal to those marriages of my heterosexual colleagues.  This decision is a huge step toward equality."

Our legal expert Ari Ezra Waldman will have analysis coming up this evening. Check back with us...

We just don't know!

We don't know what to believe! Curse you, Ryan Murphy!

Okay, we kid, but after last night's episode of Glee, during which - SPOILER ALERT - Dianna Agron's character, Quinn, may or may not have been killed in a car accident caused by texting and driving, the actress' fate on the show remains unclear until after winter break!

But don't worry! According to these photos taken from the set yesterday, Quinn is back at McKinley High - but with a serious injury, judging by her being in a wheelchair!

Ch-ch-check out the photo (above)!

However, she's not out of the woods yet!

Sources have also confirmed that Dianna WILL be back on the set in some capacity, but this could be through writing trickery like a dream sequence, a reduced role, maybe even a flashback or a flashforward!

Gah! The suspense is KILLING US!

We need to know that Quinn is okay! Her character has been through SO much the past few years, it would really be a tragedy to see her go like this!

But hey! We'll just have to put our faith in the writers that they know what they're doing!

What do U think?? What should happen to Quinn??

[Image via Pacific Coast News Online.]

His values may say no, but his mouth sure says yes. Of all the ice cream flavors he could have picked, he went with chocolate. Can’t believe it took someone this long to animate this photo from way back when.

via

That certainly wasn’t the case when I was growing up. Some LGBT couples were having kids together by then—more if one includes children from previous opposite-sex relationships—but it certainly wasn’t common, or commonly discussed. Today, it seems every LGBT couple, just like every non-LGBT one, at some point needs to have the conversation about whether to have kids.

This is, I believe, a good thing. Not that every LGBT person (or every non-LGBT person, for that matter) should aspire to be a parent—but one should have the choice.

It does make me realize, however, how much we LGBT parents are role models not only for our own children, but also for LGBT youth. I have to remind myself, though, that being a role model doesn’t mean being perfect. My son will learn more if he sees me make mistakes and deal with them. Likewise, projecting an image of perfection to the world will imply to LGBT youth that they can only become parents if they are perfect—and let’s face it, no parent, LGBT or not, ever is.

Kind of nice to realize one can inspire the youth generation by simply pushing a stroller in the park with one’s partner, even if the kid is howling because you forgot to bring along his favorite snack.

Justin Theroux, about to be seen in Wanderlust with Jennifer Aniston, flashes some pubes and addresses the relationship in New York (February 20—27, 2012):

"I understand the curiosity, but other than saying I am happy, I am not going to indulge it. That's building your own torture device."

So is agreeing to star in Wanderlust. Yeesh, it's painfully unfunny. At least he—and especially co-star Paul Rudd—is adorable.

They look so cute together!

It's been almost four decades since Betty White and Ed Asner have acted together on the small screen, but thankfully, the two are reuniting for an episode on Betty's hit show Hot in Cleveland.

Ed, who co-starred with Betty on The Mary Tyler Moore Show, recently spoke about his role at Betty's 90th birthday party - and it doesn't sound pretty!

He revealed:

"I play a man who spurned her. [He's] a country-club type who thought Elka [Betty's character] was beneath me, so [years ago] I had her fired.

She's out to gain vengeance, and so am I. We reach a Mexican standoff."

Ooooh! Watching them spar again 40 years later is gonna be good!!!

So, what does Ed think about Betty being crowned as America's Favorite Golden Girl??

He jokes:

"With all this adulation that's being heaped on Betty now, I think it would be good for her to get fired. I think we ought to work toward making that happen."

LOLz!!! Ouch! He's not messin' around!

This episode is going to be fantastic, and thankfully, it will be centered around Betty, which is really all we care about.

Check it out on TV Land on March 14!

[Image via TV Land.]

• The good news is that you have time to help defeatthis measure – the key is to start early, build coalition, and educatecommunities all over the state about the real harms of HJR-6. As you know, ifthe measure passes, the amendment would have a dramatic effect on same-sex couplesin the state. Depending on interpretation, the amendment could do thefollowing:
• Prevent any future attempts to allow for same-sex marriage
• Eliminate health care benefits for same-sex partnerships
• Eliminate legally binding documents for same-sex couples thatare “substantially similar to marriage” such as wills and trusts
• Eliminate inheritance laws from being applied to same-sexcouples.
• Eliminate hospital visitation rights

• Make Your Voice Heard! Call and email your legislatorstoday – NOW – telling them to, “Nix Six!” Share with them your reasons why thismatters. To find out who your legislators are, please visit our actionalert center here.
• Discuss HJR-6 with your family, co-workers, and friends. Lotsof people are not even aware this is happening. It is OUR job to talk withthem, to engage them in conversation. It is very difficult to argue againstone’s personal experience. Ask them: “If there is a vote to amend Indiana’sconstitution to take away the rights of LGBT people, will you vote against it?”
• YourStory! Ask your legislator to have lunch or coffee withyou. You can do it! If you need some help, take a look at the tremendousleadership of AnnetteGross, a PFLAG leader from our Indianapolis Chapter. They work for us! Letthem get to know you for who you are; better yet, bring your mother or yourkids with you!  Find your legislator here.
• Contactallied organizations in your area such EqualityIndiana, local Pride committees, open/affirming churches, GSA’s (Gay StraightAlliances), straight allied organizations, or other like-minded groups.  Find allied organizations here.
• Shareinformation with PFLAG National regarding the events in yourpart of the state by sending it to Brooke Senter, your Regional Field Manager, at bsenter.org.
• Shareyour personal story, anonymously or not, in writing oron video. Share it with us by sending it to Liz Owen, lowen@pflag.org. 
• Attendlocal meetings sponsored by PFLAG Chaptersacross the state, and be sure to check out Equality Indiana’shomepage for constant updates regarding HJR-6.