Court Defends Gay Workers from Arizona Gov’s Attempt to Strip Benefits

 "A bill signed by Arizona Gov. Jan Brewer tried to take away the family benefits that predecessor Janet Napolitano provided, via executive order, for the families of the state’s gay and lesbian employees.

But a decision from the 9th U.S. Circuit Court of Appeals upheld an injunction against the bill, ruling that to target one group for the loss of benefits enjoyed by everyone else is a violation of equal protections set out in the U.S. Constitution.

Brewer signed a bill to strip benefits from same-sex families two years ago, in September of 2009. Napolitano had provided those benefits via executive order the year before. The bill also sought to deprive straight domestic partners of benefits, as well as grown offspring, reported local newspaper the Arizona Republic in a Sept. 6 article.

"When a state chooses to provide such benefits, it may not do so in an arbitrary or discriminatory manner that adversely affects particular groups that may be unpopular," the unanimous verdict, issued by a panel of three judges, said."

 EDGE Las Vegas

Court reinstates Arizona partner benefits ?

Judge Blocks Arizona’s Termination of Domestic Partner Benefits

Among the first policy changes pushed by Arizona’s legislature as soon as Republican Janet Brewer succeeded Janet Napolitano (D) as governor was to pass House Bill 2013, which changed the definition of “dependent” to specifically exclude domestic partners and adopted children of gay individuals, effectively ending insurance coverage for the families of gay state employees. This move came despite denials from Arizona’s Prop 102 promoters that the state would not remove domestic partner benefits if the amendment banning same-sex marriage was added to the constitution. Prop 102 was approved by Arizona voters in 2008.

This week, U.S. District Judge John Sedwick granted a temporary injunction against the state of Arizona from implementing the new law:

“Because employees involved in same-sex partnerships do not have the same right to marry as their heterosexual counterparts, Section O has the effect of completely barring lesbians and gays from receiving family benefits,” Sedwick wrote. “Consequently, the spousal limitation in Section O burdens state employees with same-sex domestic partners more than state employees with opposite-sex domestic partners.”

- Full report at Box Turtle Bulletin