Bil Browning

Arizona Can't Repeal Same-Sex Benefits

Filed By Bil Browning | September 07, 2011 8:00 AM | comments

Filed in: Politics
Tags: 9th Circuit, Arizona, domestic partner benefits, Jan Brewer, same-sex couples, US Court of Appeals

The 9th Circuit US Court of Appeals has ruled that Arizona Governor Jan Brewer cannot revoke domestic partner benefits already arizona-map.jpgprovided to same-sex and opposite-sex unmarried couples.

In 2009, Gov. Jan Brewer revoked the 2008 law, which was originally signed by Gov. Janet Napolitano. This caused the gay and lesbian state workers to file a lawsuit only 2 months after the repeal. A federal judge revoked Gov. Jan Brewer's law, saying it's unconstitutional. The three-judge appeals court agreed with the original courts decision, stating the denial of the healthcare benefits for same-sex couples would violate the equal protection provisions of the constitution.

Chalk one up for our side. Unmarried heterosexual couples aren't covered since they can get married. Back in February, contributor Nancy Polikoff argued that the exclusive strategy was wrong and explained how it could backfire for some couples.

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