Chief Judge of Ninth Circuit Orders Spousal Benefits for Lesbian Court Employee Karen Golinski to receive back pay and health benefits for wife |
| San Francisco CA— Chief Judge Alex Kozinski of the U.S. 9th Circuit Court of Appeals affirmed that a married lesbian court employee is entitled to receive health benefits for her wife, just like married heterosexual court workers, and that the Court has final authority to end benefits discrimination against its employees.
Lambda Legal and the law firm of Morrison & Foerster represented Karen Golinski, a judicial attorney at the court, in her administrative grievance against her employer. In January, 2009, Chief Judge Kozinski ruled that Golinski was entitled to spousal benefits for her wife, Amy Cunninghis. The federal Office of Personal Management – an agency of the Executive Branch – responded that the law governing federal employees’ health insurance and the Defense of Marriage Act (DOMA) prevent coverage for the spouses of gay and lesbian federal employees, and instructed Golinski’s insurer not to enroll Cunninghis.
Kozinski ruled today that “for the discrimination she’s suffered in the past, I can offer Ms. Golinski only money. The remedy that’s “appropriate” for the future, however, is enrollment of Ms. Golinski’s wife into the same program an opposite-sex spouse would enjoy.” He went on to say that “In effect, OPM has claimed that its interpretations of the rights and benefits of judicial employees are entitled to supremacy over those of the Judiciary. That’s incorrect, and the Executive must henceforth respect the Judiciary’s interpretation of the laws applicable to judicial employees.”
“We’re pleased that Chief Judge Kozinski once again did the right thing and upheld the right of every court employee to equal pay for equal work,” said Lambda Legal Senior Counsel Jennifer C. Pizer. “This decision is a compelling blend of sound legal analysis and honest, real world observation: withholding health insurance for an employee's same-sex spouse is discrimination without justification, and the true, fair remedy for that discrimination is just to recognize gay employees’ family relationships and provide the insurance all workers need, regardless of their sexual orientation.”
“I’m ecstatic and relieved,” said Karen Golinski. “This insurance is critical for the security of my family. I’m so grateful to work for an institution that is committed to fair treatment of all of its workers.”
Golinski’s grievance was an internal Court procedure and does not set binding legal precedent.
James McGuire, Rita Lin and Sarah Griswold of the law firm Morrison & Foerster LLP were co-counsel on the case. |
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Lambda Legal Files Federal Lawsuit Seeking to Block Elimination of Domestic Partner Benefits for Gay and Lesbian State Employees |
| "…the state is pulling away a vital lifeline that all workers need. This is simply cruel and saves the state next to nothing."
Tucson, AZ — Lambda Legal has filed a federal lawsuit in U.S. District Court in Tucson to block a move to strip domestic partner benefits from gay and lesbian state employees. Arizona lawmakers included a provision stripping domestic partner health benefits from state employees as part of a last–minute budget deal signed by Governor Jan Brewer in September, while retaining spousal health benefits for heterosexual workers.
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Lambda Legal Condemns Stripping of Domestic Partner Benefits by Arizona Lawmakers "A cruel and cynical ploy by the far right to target and hurt the families of gay and lesbian state employees under the guise of cost-cutting" |
| Phoenix, AZ — Lambda Legal is profoundly concerned and disturbed by a move by Arizona lawmakers on Friday to strip health benefits from the domestic partners of state employees.
State legislators for months had taken aim at the equal benefits plan approved last year by former Governor Janet Napolitano, now Department of Homeland Security Secretary. On Friday, current Arizona Governor Jan Brewer signed a budget bill with the provision revoking the health insurance coverage for domestic partners.
The elimination of vital benefits for a small, politically vulnerable group of public workers emerged from a protracted and bruising battle over the state budget. The new law strips gay and lesbian state employees of the ability to obtain health benefits for an unmarried life partner. Because health coverage for an employee’s committed life partner can be a critical lifeline for family stability and financial security, this budget denies 'equal pay for equal work' and inflicts severe hardship upon a targeted group of Arizona families.
"This is a cruel and cynical ploy by the far right to target and hurt the families of gay and lesbian state employees under the guise of cost-cutting," said Tara Borelli, staff attorney for Lambda Legal. "With families already facing pressure from job losses and a contracting economy, this couldn't happen at a worse time. The cutting of benefits pulls the rug out from underneath hardworking state employees and saves the state next to nothing."
Lambda Legal is already advising a number of affected state employees about their options and encourages others who may be affected to contact Borelli at (213) 382-7600, ext. 231, or via email at
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U.S. House Holds Hearing on Need for Equal Employment Benefits for LGBT Federal Employees |
| Human Rights Campaign submits testimony in support of guaranteeing equal compensation for lesbian and gay workers.
WASHINGTON DC – The Human Rights Campaign, the nation’s largest lesbian, gay, bisexual, and transgender civil rights organization, today thanked the U.S. House Oversight and Government Reform Subcommittee on Federal Workforce, Postal Service and the District of Columbia for holding the first U.S. House hearing on H.R. 2517, the “Domestic Partnership Benefits and Obligations Act” (DPBO). Coordinated by Committee Chairman Rep. Stephen Lynch (D-MA), the hearing highlighted the important need for equal employment benefits for LGBT federal civilian employees.
“This historic hearing is an important step toward guaranteeing equal compensation for lesbian and gay workers serving our government at home and abroad,” said Human Rights Campaign President Joe Solmonese, in written testimony submitted in the record. “Equal pay for equal work is a value fundamental to American opportunity. The federal government should be the standard bearer for fair workplace practices, but has lagged behind the top employers for too long. By passing the DPBO, Congress can bring the federal workforce into the 21st century, ensuring that all of its workers are treated fairly and that the best and brightest are attracted to federal service.”
The hearing included testimony from several witnesses, including Rep. Tammy Baldwin (D-WI); OPM Director John Berry; Former Ambassador Michael Guest; Carol Wright, VP for Corporate Human Resources at American Airlines; Lee Badgett of the Williams Institute; Candy Holmes, a GAO employee testifying on her own behalf; and Gregory Franklin from the California Public Employees’ Retirement System.
“Building and maintaining a strong workforce begins with treating workers fairly. LGBT federal workers in committed relationships are not offered the same employment benefits as their married coworkers. This is wrong,” said Rep. Baldwin. “It is time for the federal government to follow the lead of many private sector employers who value all their workers and provide employee benefits that cover all families.”
The Domestic Partnership Benefits and Obligations Act (DPBO) was introduced in the 111th Congress by Senators Joe Lieberman (ID-CT) and Susan Collins (R-ME) in the Senate and by Representatives Tammy Baldwin (D-WI) and Ileana Ros-Lehtinen (R-FL) in the House. DPBO would provide the same family benefits to lesbian and gay federal civilian employees as are already provided to employees with different-sex spouses. To receive benefits, employees would have to submit an affidavit of eligibility for benefits with the Office of Personnel Management, certifying that the employee and domestic partner meet necessary criteria, as provided in the Act.
DPBO would bring employment practices in the federal government in line with those of America’s largest and most successful corporations. Fifty-seven percent of Fortune 500 companies provide domestic partner benefits to their employees. In addition, 23 states, the District of Columbia, and over 150 local governments make benefits available to public employees and their same-sex partners. A May 2000 poll conducted by the Associated Press found that a majority of Americans favor the extension of health insurance coverage to same-sex partners. In addition, this legislation has been endorsed by the American Federation of Government Employees, American Federation of State, County and Municipal Employees, Harvard University, National Treasury Employees Union and United Church of Christ.
“It is time for the federal government to be doing what many Fortune 500 companies have been doing and that is provide federal benefits to gay federal civilian employees as we do with different-sex spouses. The federal government should be leading by example in this clear case of equal pay for all. I urge my colleagues to support this bill and send an unequivocal message that the federal government treats all its employees equally,” said Rep. Ros-Lehtinen.
The Human Rights Campaign is America’s largest civil rights organization working to achieve lesbian, gay, bisexual and transgender equality. By inspiring and engaging all Americans, HRC strives to end discrimination against LGBT citizens and realize a nation that achieves fundamental fairness and equality for all. |
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Bill In California To Prevent Tax Discrimination Of Same-Sex Couples Moves Forward In Assembly |
SACRAMENTO, CA By a vote of 6-3, the Assembly Revenue and Taxation Committee passed the Survivor's Home Protection Act, AB 103, sponsored by Equality California (EQCA). The bill, introduced by Assemblymember Kevin de León (D- Los Angeles), is designed to protect lesbian, gay, bisexual and transgender (LGBT) partners, particularly seniors, from having to pay unfair property taxes following the death of their partner.
"No person should be taxed out of their home because of a discriminatory law," said EQCA Executive Director Geoff Kors. "This bill will help ensure that people do not risk losing their home when their partner dies. To add the loss of one's home to the devastation suffered from the loss of a loved one is unconscionable."
Under current law, spouses and Registered Domestic Partners avoid paying property tax increases on their home following the death of one partner. However, a number of senior LGBT couples who have faced decades of discrimination and even violence, have been reluctant to register for domestic partnerships, as their records then become readily available through the Secretary of State -- making their sexual orientation a matter of public record. By contrast, straight couples are offered the option of a confidential marriage, allowing their records to remain confidential. As a result of this discrepancy, senior LGBT couples are at greater risk for unequal treatment under the law.
"This bill will help protect LGBT seniors from facing further discrimination and injustice," said Assemblymember de León. "Because marriage is not currently an option for all committed, loving couples, we must pass this important law that helps bridge the gulf of discrimination."
The bill will now move to the Assembly Appropriations Committee.
More information about EQCA's other legislation: www.eqca.org/legislation
Equality California (EQCA) is the largest statewide lesbian, gay, bisexual, transgender-rights advocacy organization in California. In the past decade, EQCA has strategically moved California from a state with extremely limited legal protections for LGBT individuals to a state with some of the most comprehensive civil-rights protections in the nation. EQCA has passed over 50 pieces of legislation and continues to advance equality through legislative advocacy, public education and community empowerment. www.eqca.org
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