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GOLINSKI v. U.S. OFFICE OF PERSONNEL MANAGEMENT

Nos. 12-15388, 12-15409.

724 F.3d 1048 (2013)

Karen GOLINSKI, Plaintiff-Appellee, v. UNITED STATES OFFICE OF PERSONNEL MANAGEMENT and John Berry, Director of the United States Office of Personnel Management, in his official capacity, Defendants, and Bipartisan Legal Advisory Group of the U.S. House of Representatives, Intervenor-Defendant-Appellant. Karen Golinski, Plaintiff-Appellee, v. United States Office of Personnel Management and John Berry, Director of the United States Office of Personnel Management, in his official capacity, Defendants-Appellants, and Bipartisan Legal Advisory Group of the U.S. House of Representatives, Intervenor-Defendant.

United States Court of Appeals, Ninth Circuit.

Corrected July 25, 2013.

Attorney(s) appearing for the Case

Tara L. Borelli , Jon Davidson , Shelbi Diane Day, Esquire , Lambda Legal Defense And Education Fund, Inc., Los Angeles, CA, Gregory P. Dresser , Aaron David Jones , Rita Lin , James R. McGuire, Esquire , Morrison & Foerster LLP, San Francisco, CA, Susan L. Somrner , Lambda Legal Defense & Education Fund, Inc., New York, NY, for Plaintiff-Appellee.

Benjamin Seth Kingsley , Assistant U.S., Office of the U.S. Attorney, San Francisco, CA, August E. Flentje , Michael Jay Singer , Helen L. Gilbert , Trial, U.S. Department of Justice, Washington, DC, for Defendants.

H. Christopher Bartolomueci , Paul D. Clement , Nicholas James Nelson , Bancroft PLLC, Christine Davenport , Kerry William Kircher , William Pittard, Esquire , Deputy General Counsel, U.S. House Of Representatives Office of General Counsel, Todd B. Tatelman , Assistant Counsel, Office of the General Counsel, Washington, DC, for Intervenor-Defendant-Appellant.

Before: ALARCÓN, THOMAS, and BERZON, Circuit Judges.

ORDER

Karen Golinski, a staff attorney of this Court, is married under California state law to Amy Cunninghis. After their 2008 marriage, Golinski sought to enroll Cunninghis in her family health insurance plan under the Federal Employees Health Benefits program. The enrollment request was denied on the basis that their same-sex marriage could not be federally recognized under § 3 of the Defense of Marriage Act ("DOMA").

Golinski first pursued administrative...

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