Karen Golinski (pictured on the right) fights to bring to her wife equal health benefits arguing that DOMA is unconstitutional and the department of justice (DOJ) agrees and recognizes that the behavior of the government had been "significant and regrettable" towards gays and lesbians.
DOJ ceased defending DOMA. As had indicated the President Obama, the administration will not defend DOMA anymore.
But in this case, "unlike in other cases where DOJ has stopped defending DOMA in accordance with President Obama and Attorney General Eric Holder's decision that Section 3 of DOMA -- the federal definition of marriage -- is unconstitutional, DOJ lawyers today made an expansive case in a 31-page filing that DOMA is unconstitutional." as reports Metroweekly.
Previously, an appendix stated simply that the administration would not defend the law anymore but from now on, DOJ described "why heightened scrutiny applies to classifications based on sexual orientation, for example, the DOJ's lawyers -- in describing how "gays and lesbians have been subject to a history of discrimination" -- write, "The federal government has played a significant and regrettable role in the history of discrimination against gay and lesbian individuals."
So DOJ says that section 3 of DOMA is unconstitutional. Section 3 is the part of DOMA which qualifies the marriage as being only possible between a man and a woman.
As a result, Golinski deposited a request asking that the court makes a decision which she considers in her favor without a trial.