Wisconsin Trial Court Dismisses ACLU Lawsuit Seeking Domestic Partner Benefits For Lesbian and Gay State Employees

But Issues Lengthy Decision Reasoning That It Is Unconstitutional For the State To Deny The Benefits

MADISON, WI – On Friday, a Wisconsin trial court dismissed a lawsuit brought by the American Civil Liberties Union on behalf of lesbian state employees and their partners seeking domestic partner health insurance and family leave protections. In a 46 page opinion, the court notes that although it believes it is unconstitutional for the state to continue to deny the employees equal health insurance coverage and family leave protection, it is bound by a prior decision from the Wisconsin Court of Appeals from 1992.
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.

Governor Jim Doyle has repeatedly stated that he would like to provide lesbian and gay state employees with equal health insurance coverage and included in his budget proposal a provision for domestic partner coverage.

“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…

House adds same-sex benefits provision for U.S. diplomats to budget proposal

Congress has inserted a provision into the State Department authorization budget that would require the State Department to confer the same benefits to same-sex partners as it does to married couples.

Congressman Howard Berman, Chair of the House Committee on Foreign Affairs, included the provision in the Foreign Relations Authorization Act for Fiscal Years 2010 and 2011 (H.R. 2410) to “end the long-standing practice of excluding the committed partners of Foreign Service officers from the benefits routinely provided to the spouses and children of officers serving abroad.” The provision now must make its way through the budget process, including the conference committee where many-a-well intentioned proposal hits the chopping block. But in this case, it would be hard to imagine that the Senate Foreign Relations Committee, which is lead by Chairman John Kerry and the moderate republic ranking member Richard Lugar, would do anything to strip out this provision.

This would be progress. For too long, gay and lesbian diplomats have had to chose between their families and their service. “I’m happy that efforts to redress these discriminatory policies are being undertaken,” emails Michael Guest a former Foreign Service officer currently affiliated with the Center for Global Equality. “This is all about ensuring the safety, effectiveness and equal workplace conditions for those who serve our country abroad, and for the families who accompany them on those assignments.” Amen!

House adds same-sex benefits provision for U.S. diplomats to budget proposal
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