Wisconsin Trial Court Dismisses ACLU Lawsuit Seeking Domestic Partner Benefits For Lesbian and Gay State Employees
The Court’s opinion states: “The plaintiffs have offered a strong showing that the employment benefits in issue have been provided on a discriminatory basis. The defendants’ explanations offered for the continuing discrimination against these plaintiffs are unpersuasive and inadequate.”
“Losing doesn’t get any better than this,” said Larry Dupuis, Litigation Director of the ACLU. “We knew we had an uphill battle in the trial court because of the earlier case. But the court agreed with us that discrimination based on sexual orientation should be subject to strict judicial review and that it is unconstitutional for the state to deny equal benefits.”
The Court also found that providing the benefits would not be barred by the anti-gay marriage amendment that passed in 2006. After the amendment passed, the state had argued that the amendment barred the state from providing the benefits.
The ACLU filed the lawsuit in April 2005 on behalf of six lesbian state employees and their partners. The lawsuit charges that it is a violation of the state’s equal protection guarantees to deny lesbian and gay state employees access to the same health insurance and family leave protections that it provides to straight employees who are able to cover their spouses. The lawsuit was stalled for years because a number of Wisconsin municipalities tried to inject themselves into the lawsuit. The issue ultimately went up to the Wisconsin Supreme Court, which ruled that they were not entitled to become a party to the litigation.
“While we are heartened by the court’s decision, we urge the legislature to pass the domestic partner bill so there will be no need to appeal,” added Chris Ahmuty, Executive Director of the ACLU of Wisconsin. “Our clients are forced to pay expensive prices for inferior health coverage and sometimes even to forego necessary care. They suffer every day this issue goes unresolved.”
Wisconsin Department of Corrections employee Jayne Dunnum and her partner, Robin Timm, pay nearly $450 a month for private insurance for Timm who works on the couple’s organic farm and food store in Platteville. “We don’t care if it happens through the courts or the legislature. We just really need the health insurance coverage,” said Dunnum. “It’s a matter of basic fairness. I work just as hard has my straight colleagues and shouldn’t be denied the equal employment benefits.”
The case is Dunnum v. Department of Employee Trust Funds. The couples are represented by John Knight and Rose Saxe of the ACLU’s Lesbian Gay Bisexual Transgender Project, Larry Dupuis of the ACLU of Wisconsin, and cooperating attorneys Linda Roberson and Christopher Krimmer of the Madison law firm Balisle & Roberson.
Biographical information for all of the couples, today’s decision, the complaint, and additional information are available at http://www.aclu.org/getequal/caseprofiles.htm.
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Original source : http://gay_blog.blogspot.com/2009/06/wisconsin-tri…
Petition filing in new fight for rights
Right wingers want to axe recently passed Domestic Partner protections, need over 125,000 signatures.
Petition filing in new fight for rights
Right wingers want to axe recently passed Domestic Partner protections, need over 125,000 signatures.
Conservatives axe gay youth program
Conservatives axe gay youth program
Ellen Goodman: Gay couples in 4 states have strange dual citizenship D
They are not the only married couple in America who talk about taxes and ulcers in the same sentence. Nor are they the only couple who believe they are paying more than they should. On that ground they are part of a noisy majority.
But they are a couple for whom tax season also entails an identity crisis. Melba Abreu and Beatrice Hernandez file state taxes as what they are — a legally married Massachusetts couple. But under federal law, they have to file federal taxes as what they aren’t — two single women.
In the last four years, the government’s refusal to consider them a married couple has cost the writer and the CFO of a nonprofit about $5,000 a year. As Beatrice puts it, “We don’t know anyone for whom $20,000 and counting isn’t significant.”
This is one reason they joined seven other married couples and three surviving spouses last month in bringing a legal complaint against DOMA, the law that deliberately denies federal benefits to same-sex marriages. The other plaintiffs include a postal worker who can’t get health care coverage for her spouse, a widower ineligible for higher Social Security benefits, and a couple who can’t get a passport under their married name.
We have just doubled the number of states in which same-sex couples can be legally married. First, Iowa joined Massachusetts and Connecticut. Then Vermont followed with the first legislative approval. And a bill was just introduced in New York, where people cringe to find themselves lagging behind Iowa.
This is all part of a careful state-by-state strategy. But as a side effect, it’s producing more Americans with a strange dual citizenship: Married in the eyes of Iowa, single in the eyes of Washington. Eligible for a pension, health care, family leave in the eyes of the state; ineligible in the eyes of the feds.
Ellen Goodman: Gay couples in 4 states have strange dual citizenship Dayton Daily News
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Original source : http://gay_blog.blogspot.com/2009/05/ellen-goodman…
The few, the proud, the gay Republicans?
Now that Iowa has come out of the closet, it’s a no-brainer that gay Republicans would launch a new political organization.
That’s right, it’s called GOProud, and it promises a traditional conservative agenda (except for being, uh, homosexual, I presume). Some of those agenda issues are to repeal inheritance taxes, fight against global extremists, and defend gun rights.
Sounds like, say, Ronald Reagan would feel quite at home in this group if he was, well, gay, and, well, alive.
See The few, the proud, the gay Republicans?
Gary Post Tribune * Tags = gay men gay news lesbian news transgender bisexual
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Original source : http://gay_blog.blogspot.com/2009/05/few-proud-gay…
Tax laws discriminate against gay couples
BOSTON — They are not the only married couple in America who talk about taxes and ulcers in the same sentence. Nor are they the only couple who believe they are paying more than they should. On that ground they are part of a noisy majority. But they are a couple for whom tax season also entails an identity crisis. You see, Melba Abreu and Beatrice Hernandez file state taxes as what they are — a legally married Massachusetts couple. But under federal law, they have to file federal taxes as what they aren’t — two single women.
This identity crisis is not just some psychological blip on the cheerful landscape of their family life. In the last four years, the government’s refusal to consider them a married couple has cost the writer and the CFO of a nonprofit about $5,000 a year. As Beatrice puts it, “We don’t know anyone for whom $20,000 and counting isn’t significant.” This is one reason they joined seven other married couples and three surviving spouses last month in bringing a legal complaint against DOMA, the law that deliberately denies federal benefits to same-sex marriages. The other plaintiffs include a postal worker who can’t get health care coverage for her spouse, a widower ineligible for higher Social Security benefits, and a couple who can’t get a passport under their married name. The suit is not just timely because we all share a certain post-tax traumatic stress syndrome. But we have just doubled the number of states in which same-sex couples can be legally married. First, Iowa joined Massachusetts and Connecticut. Then Vermont followed with the first legislative approval. And a bill was just introduced in New York, where people cringe to find themselves lagging behind Iowa.
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Original source : http://gay_blog.blogspot.com/2009/04/tax-laws-disc…
Poll: Gay marriage gains support, but not NY gov. Newsday
New York Gov. David Paterson‘s popularity in the state continues to tank, but his effort to legalize same-sex marriage has the support of a majority of voters, according to a poll released Monday.
The Siena College Research Institute poll found the Democrat is now viewed unfavorably by 63 percent of New Yorkers, down from 58 percent last month.
His job performance rating stood at 81 percent negative after a series of missteps eroded the strong public support he enjoyed when he was thrust into office 13 months ago as the state’s first black and legally blind governor.
Earlier polls have shown several issues hurt Paterson, including his secretive budget process that raised taxes but cut spending less than he promised, and how he handled filling Secretary of State Hillary Rodham Clinton‘s vacated Senate seat, a botched process that ended in unfounded leaks of accusations against one-time candidate Caroline Kennedy. See Poll: Gay marriage gains support, but not NY gov. Newsday
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Original source : http://gay_blog.blogspot.com/2009/04/poll-gay-marr…
CALIFORNIA FAITH LEADERS PROTEST INJUSTICE FOR GAY & LESBIAN FAMILIES ON TAX DAY, APRIL 15th.
“As we rush to the post office to send in our tax dollars today, let us remember those gay and lesbian families who pay their taxes lawfully and faithfully, yet have been denied equality under the law by a majority of voters in California,” said Samuel M. Chu, Interim Executive Director of California Faith for Equality and a Presbyterian pastor. “Our gay and lesbian brothers and sisters have equal responsibility under the law, but not equal rights. I speak on behalf of a diversity of faith leaders committed to equality and our respective faiths all agree that to take away the rights of any minority group, as did Proposition 8 here in California, is wrong.”
Rabbi Denise Eger, of Congregation Kol-Ami in West Hollywood and one of the founding members of California Faith for Equality said, “Gay and lesbian married couples face continued discrimination at both federal and state levels. While some couples can file in their states as ‘married,’ they are required to file on the federal level as ‘single’.
Eger, President of the Pacific Association of Reform Rabbis added, “Federal law treats same-sex couples as strangers, thereby denying them the 1,138 federal rights, benefits and protections available to heterosexual married couples. This is not only an affront to the dignity of their families, but to those couples who want to pay their fair share. They continue to be penalized and discriminated by this unequal treatment”.
“California Faith for Equality will continue to be a powerful and uniting force for equality for all LGBT persons,” said Chu.
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Original source : http://gay_blog.blogspot.com/2009/04/california-fa…
Proposal would axe marrage in CA
Two students begin initiative to delete word ‘marriage’ from all laws, add “domestic partners.”
