Two 9th Circuit Judges grant same-sex “spousal” benefits, one rules Federal DOMA is unconstitutional

The ABA Journal is reporting that two 9th Circuit judges have ordered payment of benefits to same-sex spouses of government lawyers:

Judge Stephen Reinhardt and Chief Judge Alex Kozinski issued the orders as hearing officers for circuit employee disputes, the Daily Journal reports (sub. req.). Reinhardt’s order declared the federal Defense of Marriage Act is unconstitutional, while Kozinski’s order didn’t reach the “hard question” of the statute’s constitutionality.

The Reinhardt Order: In the Matter of Brad Levenson (9th Cir. Feb. 2, 2009)

The Kozinski Order: In the Matter of Karen Golinski (9th Cir. Jan. 12, 2009)

This post may be updated

Eugene Volokh on the Volokh Conspiracy: Defense of Marriage Act Unconstitutional

Leonard Link: Two 9th Circuit Judges Grapple With DOMA