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Friday, November 30, 2012
The Smartphone World Needs Microsoft
Thursday, November 29, 2012
Stocks open higher as budget talks move ahead
NEW YORK (AP) ? Stocks are rising in early trading on Wall Street as optimism builds that a budget deal will be reached in Washington.
Later Thursday Treasury Secretary Timothy Geithner will meet with Senate Republican Leader Mitch McConnell and Senate Democratic Leader Harry Reid to push the negotiations forward.
The Dow Jones industrial average was up 50 points at 13,034 shortly after the opening bell.
The Standard & Poor's 500 index was up seven points at 1,416 and the Nasdaq composite rose 20 points to 3,012.
The Commerce Department raised its estimate for U.S. economic growth to an annual rate of 2.7 percent in the July-through-September period.
That's much better than the 2 percent rate estimated a month ago and more than twice the 1.3 percent rate logged in the April-June quarter.
Source: http://news.yahoo.com/stocks-open-higher-budget-talks-move-ahead-144409580--business.html
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Now, police detain Palghar boy over Facebook post against Raj Thackeray
After facing much flak over the arrests of two girls, they have now detained a 19-year-old boy for posting an "abusive" Facebook status against Maharashtra Navnirman Sena (MNS) chief Raj Thackeray, based on a complaint by workers of MNS. Cops said they are questioning the boy to verify if he had indeed posted the status himself or if someone else hacked into his ID.
Police officers said that they are being cautious about their approach in the fresh complaint for status messages on a social networking site, as they do not want to go to the same extreme like in the case of Shaheen Dhada, the 21-year-old girl who was arrested along with her friend for questioning the shutdown of the city over the death of Shiv Sena chief Bal Thackeray.
The 19-year-old was detained after a complaint was filed by Kundan Sankhe, president of Thane rural unit of the MNS, alleging that the boy had made "abusive" comments about Raj Thackeray. The boy was brought to the police station by a mob of MNS supporters.
Meanwhile, Palghar remained on tenterhooks throughout Wednesday over the bandh called by the Shiv Sena in support of the policemen suspended for arresting the two girls last week. People chose to stay indoors and schools and colleges remained closed.
The state had deployed 500 police officers and had the Rapid Action Force on standby to avert any crisis situation.
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Surfline Photo Gallery of Coldwater Classic | Surfing Visions | dsadnal
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Source: http://dsadnal.blogspot.com/2012/11/surfline-photo-gallery-of-coldwater.html
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Wednesday, November 28, 2012
Wal-Mart, Sean Combs clothing at Bangladesh factory
6 hrs.
FARID HOSSAIN, JULHAS ALAM , The Associated Press
Amid the ash, broken glass and melted sewing machines at what is left of the Tazreen Fashions Ltd. factory, there are piles of blue, red and off-white children's shorts bearing Wal-Mart's Faded Glory brand. Shorts from hip-hop star Sean Combs' ENYCE label lay on the floor and are stacked in cartons.
An Associated Press reporter searching the factory Wednesday found these and other clothes, including sweaters from the French company Teddy Smith, among the equipment charred in the fire that killed 112 workers Saturday. He also found entries in account books indicating that the factory took orders to produce clothes for Disney, Sears and other Western brands.
Garments and documents left behind in the factory show it was used by a host of major American and European retailers, though at least one of them ? Wal-Mart ? had been aware of safety problems. Wal-Mart blames a supplier for using Tazreen Fashions without its knowledge.
The fire has elevated awareness of something labor groups, retailers and governments have known for years: Bangladesh's fast-growing garment industry ? second only to China's in exports ? is rife with dangerous workplaces. More than 300 workers there have died in fires since 2006.
Police on Wednesday arrested three factory officials suspected of locking in the workers who died in Saturday's fire, the deadliest in the South Asian country's less than 35-year history of exporting clothing.
Local police chief Habibur Rahman said the three will be questioned amid reports that many workers trying to escape the blaze had been locked inside. He said the owner of the factory was not among those arrested.
The three officials were arrested Wednesday at their homes in Savar, the Dhaka suburb where the factory is also located. Rahman did not identify the officials or give their job status.
About 1,400 workers worked at the plant, some 70 percent of them women. Most are from the north, the poorest region of Bangladesh.
Workers who survived the fire say exit doors were locked, and a fire official has said that far fewer people would have died if there had been even one emergency exit. Of the dead, 53 bodies were burned so badly they could not be identified; they were buried anonymously.
The fire started on the ground floor, where a factory worker named Nasima said stacks of yarn and clothes blocked part of the stairway.
Nasima, who uses only one name, and other workers said that when they tried to flee, managers told them to go back to their work stations, but they were ignored.
Dense smoke filled the stairway, making it hard to see, and when the lights went out the workers were left in total darkness. Another worker, Mohammad Rajib, said some people used their cellphones to light their way.
"Everyone was screaming for help," Nasima said. "Total chaos, panic and screaming. Everyone was trying to escape and come out. I was pulling the shirt of a man. I fainted and when I woke up I found myself lying on the road outside the factory.
"I don't know how I survived."
Rajib said the factory conducted a fire drill just three days before the fire broke out, but no one used the fire extinguishers. "Only a selected group of workers are trained to use the extinguishers. Others have no idea how to use them," he said.
The AP reporter who examined the factory Wednesday saw dozens of fire extinguishers with tags indicating they were inspected early this month. Many appeared unused.
Workers expressed support for the factory owner, Delwar Hossain. Rajib said he is "a gentle man" who heeded workers when they protested for more pay and against rough behavior by some managers.
"He took action and fired some of them," he said. "He did not sack any worker. He told us: 'You are my people. If you survive, I will survive.'"
Most the fire's devastation took place on the second and third floors. Sewing and embroidery machines and tables burned to ashes, ceiling fans melted and floor and wall tiles were broken, apparently because of excessive heat. Thick black ash covers everything in the upper floors of the eight-story building.
Much of the clothing on the lower floors was incinerated. Nightgowns, children's shorts, pants, jackets and sweat shirts were strewn about, piled up in some places, boxed in others. Cartons of kids' hooded sweaters, off-white with red and black print, were marked "Disney Pixar."
There were also at least four register books listing buyers including Wal-Mart, Disney, Sears and other companies. Also listed was Li & Fung, a Hong Kong-based buying house that is among the biggest suppliers of garment products from Bangladesh. Li & Fung issued a statement Monday saying it placed orders at the factory for just one company, Kids Headquarters, and that the value of those orders totaled just $111,000.
Prime Minister Sheikh Hasina and Interior Minister Muhiuddin Khan Alamgir have said arson is suspected. Police say they have not ruled out sabotage.
Wal-Mart had received an audit deeming the factory "high risk" last year, said it had decided to stop doing business with Tazreen, but that a supplier subcontracted work to the factory anyway. Wal-Mart said it stopped working with that supplier on Monday.
Calls made to The Walt Disney Company and to Sears Holdings were not immediately returned.
Local TV reports said about 3,000 garment workers held protests over the fire Wednesday, blocking roads and throwing stones at some factories and vehicles. It was the third straight day of demonstrations, and as they did previously, factories in the area closed to avoid violence.
Police used batons to disperse the protesters, but no injuries were immediately reported.
According to local television, most factories in the area closed after opening briefly because of the protests ? a common tactic to avoid violence.?
Associated Press writer Farid Hossain in Dhaka, Bangladesh, contributed to this report.?
Source: http://www.nbcnews.com/business/wal-mart-faded-glory-sean-combs-enyce-found-factory-fire-1C7297922
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ScienceDaily: Gene News
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Tuesday, November 27, 2012
Rolling into a Mobile Future - Online Gambling News
November 26, 2012
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Mobile gambling is a big deal; it?s been that way for years. In 2006 we were being told that big things were about to happen in the mobile niche. So big in fact, that eventually mobile gambling wouldn?t be a niche in the iGaming industry, it would be the iGaming industry.
It?s now 2012 and despite all of the fuss regarding mobile innovation, it doesn?t really feel like we?ve progressed that far. Sure, the mobile gambling landscape now includes the impressive sights of HTML5, live casino games and linked multi-player and progressive networks, but there isn?t anything to blow the customer away.
In 2005 at the time of the inaugural Mobile Entertainment Awards, Matti Zinder, CEO of Spin3 commented: ?Juniper Research has projected the mobile gambling industry to be worth over $19 billion by 2009?.
Despite not quite being able to live up to those expectations, mobile gambling has continued to flourish. So far, growth has come on the back of one major benefit ? convenience. The fact that in most instances there are few alternatives to gambling on your phone or tablet has meant that the sector has grown exponentially in popularity.
In October 2012, Juniper Research predicted that the value of mobile gambling could reach $100 billion by 2017. That?s a pretty big increase but it?s one that?s believable considering some of the recent financial figures coming from the industry?s major players.
But if the mobile gambling industry is really going to meet these giant predictions, it?s going have to be more than convenient.
Irish Innovation
The most recent financial figures showing impressive mobile growth have come from Irish bookmaker Paddy Power. Released last week, their H2 2012 figures showed an impressive increase in the share of casino play from mobiles in the last five months ? up from 19% of revenue in June to 28% in October.
While many of their competitors have focused on building the best mobile sports product they possibly can, Paddy Power has shared the focus. As a result, they?ve already built a reputation for providing impressive mobile gaming solutions.?This is a reputation which is set to be further enforced following the release of Roller Casino ? an iPhone and iPad casino that can be found in Apple?s App Store.
Aside from being in the App Store, what sets this app apart from its contemporaries is that it actually makes use of the benefits of being a native app, something that many have talked about but few have put into action.
Ian MacLeod is Paddy Power?s senior marketing manager for special projects and has been involved with Roller Casino all through its relatively short 12 month journey from conception to launch. He explains that from the very beginning the focus was on creating ?not just another app?.
While this sentiment is always commendable, it?s a line we?ve heard all too often without the product being able to live up to the billing. But by playing Roller Casino you get a sense of relief that this won?t be the case this time. Slot bonus rounds require players to twist and turn their device, Roller Roulette allows the user to spin the reel and throw the ball in ? neither of which are ground-breaking ideas but both add an extra aspect of play that other mobile casinos do not.
MacLeod reveals that it?s these ideas that are driving the early success of Roller Casino.
He explains: ?The response to Roller Roulette has been encouraging and so we have a few concepts in progress around extending native functionality to give a new slant to other casino and slot games.?
Trusting in Technology
Another aspect where Paddy Power have been able to steal a march on their competitors isn?t with the product itself, it?s where the product can be found.
Being on display in Apple?s App Store puts Roller Casino in the eyes of many potential users they might not have had access to it otherwise. The benefits of being in the App Store are obvious but Apple?s stance on gambling hasn?t always been crystal clear and there have been problems.?MacLeod reveals: ?There have been many horror stories from gambling brands specifically about getting into the App Store but I am pleased to say it was a relatively smooth process for us. We made Apple aware of our intent to launch Roller early in the development process and complied with all their regulations throughout submission.
?In the majority, customers trust the App Store because of the app review process. It?s because of this process that casino fans can trust that it?s a fully safe and secure product.?
Trust has always been an issue in online gambling and being in the App Store is clearly a fine way of inspiring it. But was of the most potent ways of gaining instant trust is by brand recognition, an idea that for this project Paddy Power?s special project team has turned its back on.?MacLeod explains the thinking behind this move. He says: ?Roller and Paddy Power are complementary businesses and brands. We?d spotted the opportunity to create something new ? a casino app designed specifically for the iPad and iPhone. Intuitive, interactive immersive.
?We felt that as we?d designed something tailored and special, the experience deserved its own name to distinguish it from the other brands within Paddy Power PLC.?
So rather than being so very desperate to put their name alongside innovation, Paddy Power have taken the opposite approach. Their online competitors, who pride themselves so much on innovation, are unlikely to follow in a similar vein. But regarding the product itself, we can expect to many imitators appear.
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Source: http://calvinayre.com/2012/11/26/business/roller-casino-rolling-into-a-mobile-future/
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Seabourn Highest-Rated Small Ship Line in Conde Nast Traveler ...
SEATTLE, October 17, 2012?- The ultra luxury, small-ship cruise fleet?Seabourncontinues to impress the discerning readers of?Cond? Nast Traveler, who awarded the line its prestigious ?Readers? Choice? designation as the ?Best Small Ship Cruise Line? for the third consecutive year in the magazine?s 25th annual survey of top travel experiences. It was the fourth time in five years that the magazine?s well-traveled readers have recognized Seabourn as the best.
The award celebrates the line?s consistent ability to deliver exceptional vacations and outstanding service that attract and delight sophisticated, affluent travelers. It is only the latest of many accolades the line has garnered. Recently, Seabourn was named ?World?s Best Small-Ship Cruise Line? for the fourth consecutive year by readers of?Travel + Leisure?magazine. In addition, the line has been included on?Cond? Nast Traveler?s prestigious ?Gold List? of top travel choices for each of the 17 consecutive years since the list first appeared in 1994.
?We?re extremely pleased that?Cond? Nast Traveler?readers named us the best once again,? said Seabourn President Richard Meadows. ?The readers continue to reward our dedicated and hard-working employees both at sea and ashore, who focus every day on providing our guests with the very finest travel experiences.?
Seabourn recently completed a three-ship expansion, adding new ships that drew rave reviews and acclaim as ?game-changers? for the luxury cruise segment. The expansion included the launch of Seabourn Odyssey, Seabourn Sojourn, and the Seabourn Quest. Each ship carries 450 guests, providing the highest ratio of space per guest in the industry and unmatched levels of personalized service from nearly one staff member per guest. Seabourn?s fleet includes the line?s original trio of 208-guest ships: Seabourn Pride, Seabourn Spirit and Seabourn Legend.
All six ships offer key elements that set Seabourn apart: spacious, thoughtfully appointed suites, many with verandas; superb dining in a choice of venues; open bars throughout the ship; fine wines poured at lunch and dinner; the aforementioned award-winning service and a relaxed, sociable atmosphere that makes guests feel right at home on board.
Seabourn?s ships travel the globe throughout the year, sailing to many of the world?s most desirable destinations. Cruises of seven days to World Cruises of more than 100 days visit hundreds of ports, including marquee cities and lesser-known ports and hideaways.
For more information, contact a travel professional, call Seabourn at?1-800-929-9391?or visit?www.seabourn.com.
The complete list of 2012?Cond? Nast Traveler?Readers? Choice Award winners is?here.
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Euro Crisis Deal Struck: Euro Zone, IMF Reach Agreement On Long-Term Greek Debt
* EU-IMF reach agreement on cutting Greek debt-to-GDP level
* Aim is to reduce Greek debt to 124 percent of GDP by 2020
* Interest on loans to Greece to be cut, ECB profits returned
* Deal to include Greek debt buy-back
* Euro strengthens after word of a deal
By Jan Strupczewski and Annika Breidthardt
BRUSSELS, Nov 26 (Reuters) - Euro zone finance ministers and the International Monetary Fund clinched agreement on a new debt target for Greece on Monday in a breakthrough towards releasing an urgently needed tranche of loans to the near-bankrupt economy, officials said.
After nearly 10 hours of talks at their third meeting on the issue in as many weeks, Greece's international lenders agreed to reduce Greek debt by 40 billion euros, cutting it to 124 percent of gross domestic product by 2020, via a package of steps.
The deal should open the way for a major aid instalment needed to recapitalise Greece's teetering banks and enable the government to pay wages, pensions and suppliers in December. Greece could receive up to 44 billion euros, although it remains unclear if the full amount will be paid in one go.
To reduce the debt pile, the ministers agreed to cut the interest rate on loans to Greece and return 11 billion euros to Athens in profits from European Central Bank purchases of Greek government bonds on the secondary market.
They also agreed to help Greece to buy back its own bonds from private investors at an expected cost of around 35 cents in the euro, officials said.
European Central Bank President Mario Draghi said on leaving the talks: "I very much welcome the decisions taken by the minsters of finance. They will certainty reduce the uncertainty and strengthen confidence in Europe and in Greece."
Details of the agreement were to be announced at a news conference after the meeting ended.
The euro strengthened against the dollar after news of a deal was reported by Reuters.
"We've filled the financing gap until the end of programme in 2014," one official engaged with the talks said. A second official confirmed the figures.
Greek Finance Minister Yannis Stournaras said earlier that Athens had fulfilled its part of the deal by enacting tough austerity measures and economic reforms, and it was now up to the lenders to do their part.
"I'm certain we will find a mutually beneficial solution today," he said on arrival for the marathon talks.
Greece, where the euro zone's debt crisis erupted in late 2009, is the currency area's most heavily indebted country, despite a big "haircut" this year on privately-held bonds. Its economy has shrunk by nearly 25 percent in five years.
Negotiations had been stalled over how Greece's debt, forecast to peak at 190-200 percent of GDP in the coming two years, could be cut to a more sustainable 120 percent by 2020.
The agreed figure fell slightly short of that goal, and the IMF was still insisting that euro zone ministers should make a firm commitment to further steps to reduce the debt stock if Athens implements its adjustment programme faithfully.
The key question remains whether Greek debt can become sustainable without euro zone governments having to write off some of the loans they have made to Athens.
A source familiar with IMF thinking said the global lender was demanding immediate measures to cut Greece's debt by 20 percentage points of GDP, with a commitment to do more to reduce the debt stock in a few years if Greece fulfills its programme.
To reduce the debt to 124 percent by 2020, the ministers were putting together a package of steps including a debt buyback funded by a euro zone rescue fund, reducing the interest rate on loans and returning euro zone central bank 'profits' to Greece.
Germany and its northern European allies have so far rejected any idea of forgiving official loans to Athens.
DEBT RELIEF "NOT ON TABLE"
German Finance Minister Wolfgang Schaeuble told reporters that a debt cut was legally impossible, not just for Germany but for other euro zone countries, if it was linked to a new guarantee of loans.
"You cannot guarantee something if you're cutting debt at the same time," he said. That did not preclude possible debt relief at a later stage if Greece completed its adjustment programme and no longer needs new loans.
The source familiar with IMF thinking said a loan write-off once Greece has established a track record of compliance would be the simplest way to make its debt viable, but other methods such as forgoing interest payments, or lending at below market rates and extending maturities could all help.
The German banking association (BDB) said a fresh "haircut" or forced reduction in the value of Greek sovereign debt, must only happen as a last resort.
Two European Central Bank policymakers, vice-president Vitor Constancio and executive board member Joerg Asmussen, said debt forgiveness was not on the agenda for now.
The ministers agreed to reduce interest on already extended bilateral loans from the current 150 basis points above financing costs to 50 bps once Greece achieves a primary budget surplus of 4.5 percent of GDP.
Another option considered, which could cut Greek debt by almost 17 percent of GDP, was to defer interest payments on loans to Greece from the EFSF, a temporary bailout fund, by 10 years. It was not immediately clear if that had been agreed.
By forgoing profits on on its Greek bond portfolio, bought at a deep discount, the ECB could cut the debt pile by a further 4.6 percent by 2020, a document prepared for meeting showed.
Not all euro zone central banks are willing to forgo their profits, however, the German Bundesbank among them.
Before the meetings, officials had spoken of a 10 billion euro buy-back of Greek debt, that would achieve a net reduction of about 20 billion euros in the debt stock, although the potential gain has fallen as prices have risen since the idea was first mooted.
FORGIVING OFFICIAL LOANS?
German central bank governor Jens Weidmann has suggested that Greece could "earn" a reduction in debt it owes to euro zone governments in a few years if it diligently implements all the agreed reforms. The European Commission backs that view.
An opinion poll published on Monday showed Greece's anti-bailout SYRIZA party with a four-percent lead over the Conservatives who won election in June, adding to uncertainty over the future of reforms.
German paper Welt am Sonntag said on Sunday that euro zone ministers were considering a write-down of official loans for Greece from 2015, but gave no sources, and a euro zone official said such an option was never seriously discussed.
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Source: http://www.huffingtonpost.com/2012/11/26/euro-deal-greek-debt_n_2194582.html
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Benefits fight brings lesbian couple to high court
In this photo taken Monday, Nov. 12, 2012, Amy Cunninghis, left, and Karen Golinski, right, walk down a street near their home in San Francisco. All Golinski wanted was to enroll her spouse in her employer-sponsored health plan. Four years later, her request still is being debated. Because Golinski is married to another woman and she works for the federal government, her personal personnel problem has morphed into a multi-pronged legal attack by gay rights activists to overturn the 1996 law that defines marriage as the union of a man and a woman. (AP Photo/Eric Risberg)
In this photo taken Monday, Nov. 12, 2012, Amy Cunninghis, left, and Karen Golinski, right, walk down a street near their home in San Francisco. All Golinski wanted was to enroll her spouse in her employer-sponsored health plan. Four years later, her request still is being debated. Because Golinski is married to another woman and she works for the federal government, her personal personnel problem has morphed into a multi-pronged legal attack by gay rights activists to overturn the 1996 law that defines marriage as the union of a man and a woman. (AP Photo/Eric Risberg)
In this photo taken Monday, Nov. 12, 2012, Amy Cunninghis, left, and Karen Golinski, pose at a park by their home in San Francisco. All Golinski wanted was to enroll her spouse in her employer-sponsored health plan. Four years later, her request still is being debated. Because Golinski is married to another woman and she works for the federal government, her personal personnel problem has morphed into a multi-pronged legal attack by gay rights activists to overturn the 1996 law that defines marriage as the union of a man and a woman. (AP Photo/Eric Risberg)
In this photo taken Monday, Nov. 12, 2012, Karen Golinski, left, and Amy Cunninghis, look over a photo album of their wedding photos in San Francisco. All Golinski wanted was to enroll her spouse in her employer-sponsored health plan. Four years later, her request still is being debated. Because Golinski is married to another woman and she works for the federal government, her personal personnel problem has morphed into a multi-pronged legal attack by gay rights activists to overturn the 1996 law that defines marriage as the union of a man and a woman. (AP Photo/Eric Risberg)
SAN FRANCISCO (AP) ? Like a lot of newlyweds, Karen Golinski was eager to enjoy the financial fruits of marriage. Within weeks of her wedding, she applied to add her spouse to her employer-sponsored health care plan, a move that would save the couple thousands of dollars a year.
Her ordinarily routine request still is being debated more than four years later, and by the likes of former attorneys general, a slew of senators, the Obama administration and possibly this week, the U.S. Supreme Court.
Because Golinski is married to another woman and works for the U.S. government, her claim for benefits has morphed into a multi-layered legal challenge to a 1996 law that prohibits the federal government from recognizing unions like hers.
The high court has scheduled a closed-door conference for Friday to review Golinski's case and four others that also seek to overturn the Defense of Marriage Act overwhelmingly approved by Congress and signed by President Bill Clinton.
The purpose of the meeting is to decide which, if any, to put on the court's schedule for arguments next year.
The outcome carries economic and social consequences for gay, lesbian and bisexual couples, who now are unable to access Social Security survivor benefits, file joint income taxes, inherit a deceased spouse's pension or obtain family health insurance.
The other plaintiffs in the cases pending before the court include the state of Massachusetts, 13 couples and five widows and widowers.
"It's pretty monumental and it's an honor," said Golinski, a staff lawyer for the federal appeals court based in San Francisco who married her partner of 23 years, Amy Cunninghis, during the brief 2008 window when same-sex marriages were legal in California.
The federal trial courts that heard the cases all ruled the act violates the civil rights of legally married gays and lesbians. Two appellate courts agreed, making it highly likely the high court will agree to hear at least one of the appeals, Lambda Legal Executive Director Jon Davidson said.
"I don't think we've ever had an occasion where the Supreme Court has had so many gay rights cases knocking at its door," said Davidson, whose gay legal advocacy group represents Golinski. "That in and of itself shows how far we've come."
The Supreme Court also is scheduled to discuss Friday whether it should take two more long-simmering cases dealing with relationship recognition for same-sex couples.
One is an appeal of two lower court rulings that struck down California's voter-approved ban on same-sex marriage. The other is a challenge to an Arizona law that made state employees in same-sex relationships ineligible for domestic partner benefits.
The last time the court confronted a gay rights case was in 2010, when the justices voted 5-4 to let stand lower court rulings holding that a California law school could deny recognition to a Christian student group that does not allow gay members.
The time before that was the court's landmark 2003 ruling in Lawrence v. Texas, which declared state anti-sodomy laws to be an unconstitutional violation of personal privacy.
Brigham Young University law professor Lynn Wardle, who testified before Congress when lawmakers were considering the Defense of Marriage Act 16 years ago, said he still thinks the law passes constitutional muster.
"Congress has the power to define for itself domestic relationships, including defining relationships for purposes of federal programs," Wardle said.
At the same time, he said, the gay rights landscape has shifted radically since 1996, citing this month's election of the first sitting president to declare support for same-sex marriage and four state ballot measures being decided in favor of gay rights activists.
"This is the gay moment, momentum is building," Wardle said. "The politics are profound, and politics influence what the court does."
For Golinski and Cunninghis, getting this far has been a long, sometimes frustrating and sometimes heartening journey.
Citing the act, known as DOMA, the Office of Personnel Management, the federal government's human relations arm, initially denied Golinski's attempt to enroll Cunninghis in the medical coverage she had selected for herself and the couple's son, now 10.
"I got a phone call from OPM in Washington, D.C., asking me to confirm that Amy Cunninghis was female, and I said, 'Yes, she is,' and they said, 'We won't be able to add her to your health plan," Golinski recalled.
Golinski knew that her employer, the 9th U.S. Circuit Court of Appeals, had a policy prohibiting discrimination against gay workers, so she filed an employee grievance and won a hearing before the court's dispute resolution officer, Chief Judge Alex Kozinski.
As a lawyer for the court, she felt awkward about pursuing the issue, but she was also angry. Lambda Legal and a San Francisco law firm offered to represent her.
"I had been working for the courts since 1990, and I feel, like everybody, I work hard and I'm a valuable employee, and I'm not getting paid the same amount if I have to pay for a whole separate plan for Amy," she said. "It was really hurting our family."
Kozinski ruled that Golinski was entitled to full spousal benefits, but federal officials ordered Golinski's insurer not to process her application, prompting the chief judge to issue a scathing opinion on her behalf.
After the government refused to budge, Golinski sued in January 2010.
The couple had joked about whether they "would make a federal case" out of their situation. Cunninghis noted that their genders would not have been an issue had Golinski worked in the private sector or in state or local government where domestic partnerships are offered.
Because of DOMA, she said, "we don't get access to a whole slew of benefits."
The Department of Justice originally opposed Golinski in court but changed course last year after President Barack Obama and Attorney General Eric Holder said they would no longer defend the law.
Republican members of the Bipartisan Legal Advisory Group, which oversees legal activities of the House of Representatives, voted to hire an outside lawyer first to back the act in Golinski's case and the four others, and to then appeal the rulings on its unconstitutionality.
U.S. District Judge Jeffrey White handed Cunninghis and Golinski an unequivocal victory in February, finding that anti-gay sentiment motivated Congress to pass DOMA.
In ordering the government to allow Golinski to enroll her wife in a family health plan, White rejected all of the House group's arguments, including that the law was necessary to foster stable unions among men and women.
A group of 10 U.S. senators who voted for DOMA in 1996 have filed a brief with the Supreme Court angrily denouncing the judge's opinion and urging the high court to overturn it.
"It is one thing for the District Court to conclude that traditional moral views, standing alone, do not justify the enactment of DOMA; it is quite another to find that legislators who hold or express such moral views somehow taint the constitutionality of the statute," they said.
Former U.S. Attorneys General John Ashcroft and Edwin Meese also weighed in, telling the court that Obama had failed in his duty and set a dangerous precedent by declining to defend DOMA.
As a result of White's ruling, Cunninghis was allowed in March to be added to Golinski's health plan.
Golinski so far is the only gay American who has been allowed to begin receiving federal benefits while DOMA remains in effect, a development that could be reversed if the Supreme Court upholds DOMA.
Until then, the couple said they are going to trust that the tide of history is moving toward gay rights.
"It seems so simple to us: just put me on the family health plan," Cunninghis said. "It's much bigger than that obviously, yet it isn't."
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Monday, November 26, 2012
Villa Home plan and elevation for 910 Sq ft house | Home Design ...
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