In the Matter of Karen Golinski

FOR PUBLICATION

UNITED STATES COURT OF APPEALS

FOR THE NINTH CIRCUIT

  IN THE MATTER OF KAREN No. 09-80173 GOLINSKI* et ux.  ORDER

Filed November 19, 2009

COUNSEL

Argued by Rita F. Lin, Morrison & Foerster LLP, San Fran- cisco, California, who was joined on the briefs by James R. McGuire, Morrison & Foerster LLP, San Francisco, Califor- nia, for Karen Golinski.

ORDER

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 of Marriage Act (DOMA), 1 U.S.C. § 7; the statutes creating the benefit program at issue, the Federal Employees Health Benefits Pro- gram (FEHBP), 5 U.S.C. §§ 8901 et seq.; and this court’s commitment to equal employment opportunity. In re Golinski, 2009 WL 2222884 at *1-3.

*While personnel matters are ordinarily confidential, Ms. Golinski has consented to the use of her name in this order. **Because I rely on it as background for…