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IN RE GOLINSKI

No. 09-80173.

587 F.3d 956 (2009)

In the Matter of Karen GOLINSKI et ux.

United States Court of Appeals, Ninth Circuit.

November 19, 2009.

Attorney(s) appearing for the Case

Argued by Rita F. Lin, Morrison & Foerster LLP, San Francisco, CA, who was joined on the briefs by James R. McGuire, Morrison & Foerster LLP, San Francisco, CA, Jennifer C. Pizer, Lambda Legal Defense and Education Fund, Inc., Los Angeles, CA, for Karen Golinski.

ORDER

ALEX KOZINSKI, Chief Judge.

Karen Golinski has been denied a benefit of federal employment because she married a woman rather than a man. I previously determined that violates this court's guarantee of equal employment opportunity. See In re Golinski, 2009 WL 2222884, at *1 (9th Cir. Jan. 13, 2009).** To avoid a difficult constitutional problem, I harmonized the Defense...

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