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Court Returns Partner Benefits to Arizona State Workers

Wednesday, September 7th, 2011

San Francisco-  The U.S. Ninth Circuit Court of Appeals today upheld an injunction that temporarily maintains family health coverage for gay and lesbian employees of the State of Arizona until a court issues a final decision in the case.

Gov. Jan Brewer, is not happy; the conservative Republican, known for harsh anti-immigrant legislation, signed a bill in September 2009 that took away the benefits which had been granted by former governor Janet Napolitano  through an executive order.

Lambda Legal represents seven lesbian and gay state employees—including from the State Department of Game and Fish and state universities—who are challenging a move by the Arizona Legislature to eliminate the equal health care benefits that they rely on to safeguard their families’ health—just as heterosexual workers do.

“Today’s decision by the Ninth Circuit means Arizona’s lesbian and gay state employees will not suddenly find themselves without vital family health coverage, for as long as the decision stands,” said Lambda Legal Staff Attorney Tara Borelli, who argued the case before the Ninth Circuit Court of Appeals in February. “Our clients are simply seeking equal pay for equal work. We’re confident that principle will continue to prevail as the case advances.” Read more.

Lambda Legal Staff Attorney Tara Borelli argued the case, with Daniel C. Barr, Rhonda L. Barnes and Kirstin T. Eidenbach of the law firm of Perkins, Coie, Brown & Bain P.A. as co-counsel. The case is Diaz (formerly Collins) v. Brewer.

CA: 9th Circuit Says Prop 8 Backers Don't Have to Release Campaign Documents

Saturday, December 12th, 2009

A federal appeals court in San Francisco has reversed a judge’s order that backers of Proposition 8, the state initiative that banned same-sex marriage, give their campaign strategy documents to opponents trying to overturn the measure. In a unanimous ruling Friday, the Ninth U.S. Circuit of Appeals tossed out the order that Chief U.S. District Judge Vaughn Walker issued in October against backers of Prop. 8, which state voters approved in November 2008.

Walker had said lawyers for two same-sex couples and a gay-rights group were entitled to see internal memos and e-mails between Yes on 8 strategists to look for evidence that the campaign had exploited prejudice against gays and lesbians.

The plaintiffs are trying to show that the measure was discriminatory and thus unconstitutional.

Full Story from SFGate: http://www.sfgate.com/cgi-bin/article.cgi?f=/c/a/2009/12/11/BA3A1B34VC.DTL

Click here for gay marriage resources in California.


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9th Circuit Likely to Overturn Prop 8 Campaign Document Disclosure Order

Saturday, December 5th, 2009

Looks like Northern District of California Chief Judge Vaughn Walker is going to suffer his first reversal in the federal challenge to Proposition 8. The 9th U.S. Circuit Court of Appeals continued a stay of Walker’s order forcing the Yes on 8 campaign to turn over internal documents and e-mails to challengers of the measure. In its order, the court said the campaign had made a “strong showing” that it would succeed on the merits of the discovery issue.

Ninth Circuit Judges Kim Wardlaw, Raymond Fisher and Marsha Berzon — all Clinton appointees — also indicated that they would make a formal ruling “promptly.”

In arguing that Prop 8 violates federal due process and equal protection provisions, plaintiffs sought the campaign documents to help prove a discriminatory intent behind the anti-gay marriage effort. The Yes on 8 camp countered that such disclosures would abrogate the campaign’s First Amendment rights.

Full Story from Law.com: http://www.law.com/jsp/article.jsp?id=1202436079485&Gay_Marriage_Foes_Win_Some_Satisfaction_From_th_Circuit

Click here for gay marriage resources.


To subscribe to this blog, use the rss feed on the right, or use the form at right to join our email list. You can also email us at info@purpleunions.com. Or find us on Facebook – just search for Gay Marriage Watch (you’ll see our b/w wedding pic overlooking the Ferry Building and Bay Bridge in SF). We’re also tweeting daily at http://www.twitter.com/gaymarriagewatc.