Federal judge orders benefits for same-sex spouses of court employees; Obama administration resists

[amurderofcows]

Judge Alex Kozinski, the chief judge of the US Ninth Circuit Court of Appeals, ordered the Obama administration to stop blocking his earlier finding that the same-sex spouse of a court employee is entitled to spousal benefits. The employee in question was married in California during the period when same-sex marriage was legal here. Proposition 8

Comments

[tko_ak]

But does the OPM have much of a choice with DOMA? I guess if a judge is ordering them to, they ought to, but before that they'd be compelled to follow statute.

Color me unsurprised, however.

[a_tergo_lupi]

I kind of agree. I just see horrible things happening if a Democratic administration start not enforcing the law. They talk about it, but I dunno.

[amurderofcows]

There are two things going on here: one is the question of whether DOMA prohibits issuing benefits to same-sex spouses of court employees; the other is the question of whether OPM or the federal courts themselves are the final arbiters of who gets benefits or not, which is more of a separation-of-powers issue.

Nonetheless, it's one thing for an agency to argue for a particular interpretation of DOMA, and there's a reasonable argument to be made that DOMA prohibits these benefits; it's quite another to defy multiple court orders from federal appellate judges who are legally empowered to interpret federal law. The only court higher than the circuit courts in the federal system is the US Supreme Court, and unless they come in and contravene the court orders from Judges Kozinski and Reinhardt, or unless the Ninth Circuit overturns their rulings in an en banc hearing, it seems to me the Obama administration is defending DOMA to the point of committing contempt of court.

[tko_ak]

Yes, dear, I do know how the federal judicial hierarchy works. :)

I can kind of understand the OPM denying the benefits initially, since DOMA is so restrictive. But defying court orders - and continuing to appeal the decision - is ridiculous, and does seem to border on contempt of court.

[tko_ak]

By the way, I'm glad to know I'm not the only one who reads Volokh. I have a bit of a man crush on Eugene.

[amurderofcows]

It's one of my very favorite blogs. I've been reading it since before they owned their own domain name, and before Jonathan Adler wrote there under his real name.