Appeals court decision protects benefits in Arizona

Jan Brewer - LGBT Weekly
Jan Brewer - LGBT Weekly
Jan Brewer, pictured. //Photp Source: ColorLines Magazine

ARIZONA – An Arizona law that would have ended domestic partner benefits for state employees has been prevented from taking effect by the United States Court of Appeals for the 9th Circuit.

In September 2009, Gov. Jan Brewer signed a budget provision passed by the Arizona legislature that eliminated state workers’ domestic partner benefits by defining dependents to include only spouses and dependent children.

The law would have created a substantial hardship for the same-sex couples relying on the benefits and would have led to inadequate compensation for employees in same-sex households.

Commenting on the court’s decision HRC President Joe Solmonese said, “Gov. Brewer’s decision to take health care and insurance benefits away from state employees in same-sex relationships has been recognized for what it is: unconstitutional. During a time of economic difficulty for many Arizonans, it makes no sense for the state to make our families less secure and deny health care to our partners.”

For now, the injunction will preserve domestic partner benefits for the approximately 800 state and university employees who currently receive them. The case, brought by Lambda Legal on behalf of couples, will proceed to the trial court.

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