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Obama Administration Refuses to Comply With Judicial Order on Benefits for Lesbian Couple

Saturday, December 19th, 2009

The U.S. Office of Personnel Management still thinks it can’t authorize health care coverage for the same-sex spouse of a federal court employee even though a judge has ordered the agency to do, a government lawyer said Friday. Elaine Kaplan, the office’s general counsel, said in a statement issued Friday that the Department of Justice has determined that the 1996 Defense of Marriage Act supersedes the recent ruling by Ninth U.S. Circuit Court of Appeals Chief Judge Alex Kozinski. DOMA, as the law is known, prohibits the government from recognizing same-sex unions.

“As the President has explained, the Administration believes that this law is discriminatory and needs to be repealed by Congress,” Kaplan said.

The dispute involves Karen Golinski, a staff lawyer at the 9th Circuit’s San Francisco headquarters. Earlier this year and again last month, Kozinski ruled that Golinski is entitled to enroll her wife in her employer-sponsored health plan because the court has a policy prohibiting discrimination against gay workers.

Full Story from The LA Times: http://www.latimes.com/news/nationworld/nation/wire/sns-ap-us-gay-marriage-federal-employees,0,1977764.story

Click here for gay marriage resources.


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Administration's Highest Ranking Gay Employee Ordered to Deny Gay/Lesbian Partner Benefits?

Saturday, November 28th, 2009

Back in February I posted about a ruling by a 9th Circuit Court of Appeals judge regarding the offering of health benefits to the spouse of a lesbian employee in a decision it appeared would directly challenge DOMA. Michelangelo Signorile points out some troubling activity on this case which was just written up in TIME:

“…it was actually going to happen until the White House, through the Office of Personnel Management — headed by openly gay appointee, John Berry — refused to comply and directed the health insurance carrier of the employee not to proceed [all bold below is mine]:

The order was not published, and garnered little or no notice at the time. The Administrative Office of the U.S. Courts moved to comply with the judge’s ruling, submitting [federal employee] Golinski’s insurance form to Blue Cross Blue Shield, and the case would have probably gone away — had the Obama Administration not stepped in. “After the AO submitted Ms. Golinski’s form, I thought this matter had concluded,” [Judge] Kozinski wrote. “The Executive Branch, acting through the Office of Personnel Management, thought otherwise. It directed the insurance carrier not to process Ms. Golinski’s form 2809, thwarting the relief I had ordered. I must now decide what further steps are necessary to protect Ms. Golinski and the integrity of the Judiciary’s EDR [employee dispute resolution] plans.”

Full Story from Towleroad.com: http://www.towleroad.com/2009/11/defying-judges-order-white-house-instructs-personnel-agency-to-obstruct-health-benefits-to-spouse-of.html

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.

Obama Denies Man's Partner Assylum Despite Couple's Gay Marriage in Massachusetts

Tuesday, October 27th, 2009

A gay Brazilian man has been denied asylum by the Obama administration and won’t be reunited with his Massachusetts husband in the U.S., the husband said Monday.

Tim Coco said Attorney General Eric Holder did not act on a Friday deadline in the case of Genesio “Junior” Oliveira, effectively denying the 30-year-old Brazilian man’s request for asylum in the U.S. on humanitarian grounds.

“We needed the Attorney General to make a decision on whether Junior could come home,” said Coco, 48, of Haverhill. “He didn’t take this request seriously.”

Full Story from the AP: http://www.google.com/hostednews/ap/article/ALeqM5gw-g_7TpOunvri-o-SIwk4cBOsaAD9BJ39S80

Planning to marry your partner? 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.