Lambda Lawyer Challenges Obama Administration

"After the Office of Personnel Management issued a statement Friday explaining that it would not provide benefits to the same-sex spouse of attorney Karen Golinski from ninth circuit court of appeals, Lambda Legal's Jennifer Pizer told The Advocate that she took issue with the agency’s analysis and also the informal way in which it was disseminated.

"OPM concluded that although Judge Alex Kozinski is a federal judge, he was acting as an 'administrative official' to resolve an employee dispute rather than as a federal judge in a court case, and thus the order he issued instructing the agency to extend the benefits was not legally binding.

"...But Pizer, director of Lambda Legal's Marriage Project, roundly rejected that assertion since Kozinski is a sitting federal judge. 'Is it possible for Judge Kozinski to be acting in some capacity other than as an Article III judge?'

"...'They're stating their position via press statements,' said Pizer. 'If they have confidence in their analysis, they should do what people do in legal proceedings.'"

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