Federal judge rules denial of health coverage to same-sex spouse unconstitutional 10:54 AM, February 5, 2009. A federal judge has deemed unconstitutional the government’s denial of healthcare coverage and other benefits to the same-sex spouse of a Los Angeles public defender, calling into question the validity of the 1996 Defense of Marriage Act. 9th U.S. Circuit Court of Appeals Judge Stephen Reinhardt said the federal government’s refusal to grant spousal benefits to Tony Sears, the husband of deputy federal public defender Brad Levenson, amounted to unlawful discrimination on the basis of sex and sexual orientation. “Because there is no rational...