
|
WINDY CITY TIMES
|
|
|
Federal Judge in California strikes down DOMA
From a news release
2012-05-24
|
|
This article shared 2767 times since Thu May 24, 2012
|
|
(San Francisco, CA, January 26, 2012) On Thursday, May 24, the U.S. District Court for the Northern District of California granted judgment in favor of gay and lesbian state workers who, together with their registered domestic partners, are excluded from equal access to California's Long-Term Care Program.
Judge Claudia Wilken issued the ruling in Dragovich v. CalPERS, a class action lawsuit challenging federal and state laws including the Defense of Marriage Act (DOMA) which regulate state-sponsored long-term care plans. These laws permit employees and an array of family members to join such plans, including opposite-sex spouses, but exclude the spouses and registered domestic partners of gay and lesbian workers. Judge Wilken found that the statutory preclusion of gay and lesbian spouses and partners violated the United States Constitution's guarantee of equal protection.
"I've been in a committed relationship with my partner for more than 30 years," says plaintiff Michael Dragovich, a UCSF nurse specializing in liver transplants who joined the CalPERS plan as a state employee in 1997. "I am so pleased that our relationship will now be treated equally to the committed relationships of my heterosexual co-workers."
"Lesbian and gay couples are entitled to fair and equal treatment from the federal government," said Elizabeth Kristen of Legal Aid Society—Employment Law Center. "Judge Wilken's ruling ensures that both same-sex spouses and registered domestic partners will be treated fairly with respect to the CalPERS long term care insurance program."
Long-term care insurance provides coverage when a person needs help with basic activities due to chronic illness, injury, age, or a severe cognitive impairment like Alzheimer's. The U.S. Department of Health and Human Services estimates that seventy percent of people over the age of 65 will need long-term care services. Without insurance, the high cost of long-term care can force families to make painful choices such as selling a home to pay bills, or having a healthier spouse or child give up working to become a caretaker.
In finding that the exclusion violated the equal protection protections of the Constitution, the court noted a number of official actions taken by the federal government in opposition to the recognition of gay and lesbian couples in establishing discriminatory intent including the defunding of the District of Columbia's domestic partnership registry and the enactment of the DOMA. The opinion quotes from Congressional leaders who described domestic partnerships for gay and lesbian couples as "an attack on the family" and "abhorrent."
Along with Claudia Center, Elizabeth Kristen and William C. McNeill, III, from Legal Aid Society—Employment Law Center, counsel for the plaintiffs include Dan Mason and Patrick Clayton of Zelle Hofmann Voelbel & Mason LLP.
A .pdf file of Thursday's ruling is available at http://www.las-elc.org/news/dragovich-ruling
About Legal Aid Society of San Francisco-Employment Law Center | www.las-elc.org
Legal Aid Society of San Francisco-Employment Law Center was founded in 1916 and is committed to protecting the rights and economic self-sufficiency of low-income and disadvantaged workers and their families. Legal Aid provides free legal services, educational materials, technical assistance to other groups, and direct legal representation addressing racial equality; gender equity; immigration and national origin, and disability rights.
|
 |
|
 |
This article shared 2767 times since Thu May 24, 2012
|
ARTICLES YOU MIGHT LIKE |
---|
| 
|  | WORLD Japanese poll, Sydney Mardi Gras, mpox, rugby study, soccer player 2023-02-19 - Sixty-four percent of respondents to a Kyodo News poll believe same-sex marriage should be recognized in Japan, the media outlet noted. In the telephone survey, 88.4% also said recent remarks hostile to LGBTQ+ people by a ...
| 
|  | Gay Calif. lawmakers introduce Prop 8 repeal 2023-02-14 - On Valentine's Day, two gay California lawmakers introduced a constitutional amendment to repeal Prop 8the state's same-sex marriage ban that remains on the books despite being ruled unconstitutional years ago, according to The Bay Area Repo ...
| 
|  | WORLD Church of England, Japanese officials, Hong Kong ruling, drag kings 2023-02-11 - The Church of England has voted to bless same-sex marriages for the first time in its history; however, its ban on conducting ceremonies will stay in place, PinkNews reported. It was approved after a six-year consultation ...
| 
|  | WORLD Indian marches, delegation in Cuba, anti-LGBTQ+ investigation 2023-01-15 - Hundreds of people took part in the first Delhi Queer Pride march in three years as pressure grows for legal recognition of same-sex marriage in India, The Manila Times noted. In March, the South Asian's top ...
| 
|  | NATIONAL Testifying in D.C., Brittney Griner, marriage law, school policies 2022-12-18 - WARNING: This week's news contains graphic content. Survivors of the Club Q shooting in Colorado Springs that killed five people and injured approximately 20 others joined GLAAD and other advocates in providing testimony before the House ...
| 
|  | Cook County's Kevin Morrison attends signing of Respect for Marriage Act at the White House 2022-12-13 -- From a press release - Washington D.C. — December 13thth 2022 — Cook County Commissioner Kevin Morrison attended the signing of the historic Respect for Marriage Act recently passed by both chambers of congress. The bill guarantees the federal rights ...
| 
|  | With President Biden's signature, Respect for Marriage Act is law 2022-12-13 -- From a press release - WASHINGTON — The Human Rights Campaign (HRC) — the nation's largest lesbian, gay, bisexual, transgender and queer (LGBTQ+) civil rights organization — celebrated today as President Biden signed the Respect ...
| 
|  | President Biden signs Respect for Marriage Act into law; groups and leaders respond 2022-12-13 -- From press releases - In response to President Biden signing the Respect for Marriage Act into law, groups and leaders release statements. ...
| 
|  | Respect for Marriage Act passage important step but not equity says LGBTQIA+/ally Catholic group 2022-12-09 -- From a press release - Dec. 8, 2022. DignityUSA, the nation's foremost organization of Catholics working for justice, equality, and full inclusion of LGBTQIA+ people in our church and society, is pleased that both houses of Congress have now passed the ...
| 
|  | Groups and leaders celebrate passage of the Respect for Marriage Act 2022-12-08 -- From press releases - U.S. Representative Mike Quigley: Washington, D.C.— Today, U.S. Representative Mike Quigley (IL-05), Vice-Chair of the Congressional LGBTQ+ Equality Caucus, released the following statement celebrating the passage of ...
| 
|  | Congress passes Respect for Marriage Act, sends to President Biden for signature 2022-12-08 -- From a press release. Video below - (New York, NY - December 8, 2022) — GLAAD, the world's largest lesbian, gay, bisexual, transgender and queer (LGBTQ) media advocacy organization, is responding to the passage of the Respect for Marriage Act in the U.S. ...
| 
|  | WORLD Japan ruling, Kenya groups, World Cup, Almodovar 2022-12-04 Video below - A district court in the Tokyo Prefecture ruled that Japan's constitutional ban on same-sex marriage is legal, according to The Washington Blade. In a statement to Reuters, plaintiffs' attorney Nobuhito Sawasaki said, "This is actually a ...
| 
|  | NATIONAL Trans officials, marriage equality, Karl Schmid, Pelosi, Buttigieg 2022-12-04 Video below - Once all of the newly elected officials are seated, there will be nine transgender state legislators (up from eight this year) and nine non-binary state legislators across the country, NBC News noted, citing The Victory Institute. ...
| 
|  | Landmark step toward equality: Senate passes bipartisan Respect for Marriage Act 2022-11-29 -- From press releases - WASHINGTON — The Human Rights Campaign (HRC) — the nation's largest lesbian, gay, bisexual, transgender and queer (LGBTQ+) civil rights organization — today celebrated the bipartisan passage of the Respect ...
| 
|  | NATIONAL Respect for Marriage Act, lesbian judge, gay official resigns 2022-11-20 - Senate Majority Leader Chuck Schumer (D-New York) said that debate on the Respect for Marriage Act (RFMA) is suspended and will continue on Nov. 28, when the Senate reconvenes after Thanksgiving, LGBTQ Nation reported. The RFMA ...
| |
|
|
|
|