At the administrative appeal from the denial of benefits, Chief Judge Kozinski found that the FEHB statute confers on the OPM [Office of Personnel Management] the discretion to extend health benefits to same-sex couples by interpreting the terms “family members” and “member of the family” to set a floor, not a ceiling, to coverage eligibility…. The Court finds this reasoning unpersuasive.
– Judge Jeffrey S. White, in his recent order in Golinski v. Office of Personnel Management, which concluded that Section 3 of the Defense of Marriage Act is unconstitutional.
(Context and commentary, after the jump.)
Continue reading “Quote of the Day: A Reverse Benchslap… of Chief Judge Kozinski?”




