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.

Published by

Original source : http://gay_blog.blogspot.com/2009/06/wisconsin-tri…

Iowa governor cool to anti-gay marriage amendment

(Des Moines, Iowa) Gov. Chet Culver has ended days of silence on the Iowa Supreme Court’s decision allowing same-sex marriage, saying he disagrees with the ruling but is “reluctant to support” amending the state constitution to reverse it.

Culver said in a lengthy statement that he hadn’t changed his mind that …

Report shows Focus on Family both anti-jobs and anti-gay

The Colorado Independent, has broken a story of some interest to those following the money trail of the California anti-gay marriage amendment battle this past Nov. While many of us have focused on the impact of the Mormon Church on passage of the amendment, Ernest Luning has uncovered the impact of Focus on the Family. See Report shows Focus on Family both anti-jobs and anti-gay
Michigan Messenger, Michigan -

Published by

Original source : http://gay_blog.blogspot.com/2009/02/report-shows-…

Report shows Focus on Family both anti-jobs and anti-gay

Published by

Original source : http://gay_blog.blogspot.com/2009/02/report-shows-…

Homophobe to head the RNC?

Former Ohio Secretary of State and U.N. ambassador Ken Blackwell is in the running to chair the RNC, according to the Washington Times. Blackwell is also a senior fellow at the Family Research Council, the anti-gay fundie organization.

From the story: “In a letter to RNC members announcing his candidacy, Mr. Blackwell notes that he ‘vocally opposed tax increases offered’ by his state’s Republican governor and ‘helped to successfully lead the fight to amend the Ohio Constitution to ban government recognition of same-sex marriages.’”

Basically, Blackwell is responsible for Ohio’s gay marriage amendment. Both senators from Ohio opposed the too-broad measure, fearing it would eventually affect civil unions, domestic partner benefits and legal contracts between gays. Blackwell lobbied hard for the measure, and it passed in 2004.

Blackwell writes a column for Townhall.com. Here is just one example of his anti-gay ways.

See Homophobe to head the RNC?
Washington Blade, DC