Court says no to Ariz. same-sex health benefits petition

Lamda Legal attorney Tara Borelli
Lamda Legal attorney Tara Borelli

Arizona Politics blog

One day after its major ruling striking down the federal Defense of Marriage Act, the U.S. Supreme Court – with two brief words – struck down Arizona’s law attempting to eliminate health benefits for same sex partners of state employees.

The Supreme Court denied the appeal (the writ of certiorari) from Governor Jan Brewer and Attorney General Tom Horne, refusing to review the opinion by the U.S. Ninth Circuit Court of Appeals finding that the 2009 law (reversing the Executive Order by then-Governor Janet Napolitano) violated the U.S. Constitution.

Brewer had taken a very vocal stand in favor of the state measure, and had deemed it to be a states’ rights issue when she announced the appeal to the highest court in the land last year.  Arizona also argued that the law was not discriminatory because it also effected other groups when it redefined “dependents” to include “spouses” – a “domestic partner” not qualifying as a “spouse”.

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