Finally, good news from the Grand Canyon State. Well, it's not exactly from Arizona -- California to be exact -- but considering that we're thirsty for any positive news here in the desert, today's 9th Circuit Court of Appeals reversal of an Arizona bill that denies benefits to same-sex State workers is reason to celebrate.
Arizona must continue to provide health-care benefits to the partners of gay and lesbian government workers, at least for the time being.
The 9th Circuit Court of Appeals on Tuesday upheld an injunction that blocked a 2009 state law from taking effect. That law would have eliminated health-insurance coverage for the same-sex partners of state workers. Arizona Republic
When she was Governor in 2008, Janet Napolitano signed an Executive Order providing healthcare benefits to partners of State employees. Napolitano's order covered GLBT relationships, heterosexual domestic partners, and adult children who are not students.
When Napolitano left for DHS in early 2009, however, the rights of the GLBT community were one of the first things Arizona's new administration of zealots targeted -- led by homophobes like Senate President Russell Pearce and Governor Jan Brewer. Brewer and the other cankerous Republicans said they passed the hateful law eliminating benefits to save money, streamline administration, and promote marriage. Right.
In November 2009, a lawsuit was filed on behalf of 10 State workers, of the more than 600 who were affected, arguing that the new law discriminates against GLBT couples. First, the law takes away a right that was already granted. Second, it's a classic Catch-22: On the one hand, Republicans said State workers must be married in order for partners to qualify for benefits. On the other hand, same-sex couples cannot legally marry here. Voters passed Proposition 102 in 2008, the "Marriage Protection Amendment," which changed the Arizona Constitution to define marriage as between one man and one woman.
Plaintiffs put forth two main arguments. First, they argued that stripping gay and lesbian employees of partner benefits violates the Equal Protection Clause of the 14th Amendment. Second, they argued that the state was punishing people for exercising their right to privacy. FindLaw
Lawyers for Arizona argued that the fiscal problems the State faces are reason enough to eliminate partner benefits. Sure, tough economic times justify shredding the Bill of Rights. Clearly, the 9th Circuit saw through this flimsy argument, since the State spends approximately $625 million a year on employee benefits and only $5 million on domestic partners -- less than 1 percent.
The blog thread in today's Arizona Republic article is enlightening. One of the first comments, of course, accuses the Courts of pushing the "gay agenda," and then the commenter says that he had to marry in order for his wife to receive benefits. But the gays can receive benefits while in domestic partnerships. Oh, the gay privilege!
Ah, buckethead: You're probably one of the people who voted yes on Prop 102, forbidding gays and lesbians to marry.