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CA Judge says feds must reimburse insurance for gay partner

by Susan Marie Kovalinsky | November 18, 2009 at 07:28 pm

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A California judge has ruled that a federal public defender attorney must be reimbursed for healthcare costs paid because he was not allowed to enter his gay partner on his federal insurance program.

From the judges ruling: ". . . [It was a violation of] both his constitutional rights and the court's anti-discrimination rules. . . "The denial of federal benefits to same-sex spouses cannot be justified simply by a distaste for or disapproval of same-sex marriage or a desire to deprive same-sex spouses of benefits available to other spouses," ~ Justice Reinhardt

*An interesting addendum/update to this story can be found in today's San Francisco Chronicle, which claims that an "arm" of the Obama Administration was in fact the source which intervened and blocked benefits coverage for the gay partner in both instances cited in the court case. (See story here.)

A federal lawyer who was prevented from enrolling his same-sex spouse in his government-sponsored health plan must be reimbursed the cost of outside insurance and other medical expenses, a California judge ruled Tuesday.
Ninth U.S. Circuit Court of Appeals Judge Stephen Reinhardt said Brad Levenson, a public defender in Los Angeles, is entitled to the money because the Office of Personnel Management refused to authorize health coverage for Levenson's husband of 16 months. That violates both his constitutional rights and the court's anti-discrimination rules, the judge ruled. "The denial of federal benefits to same-sex spouses cannot be justified simply by a distaste for or disapproval of same-sex marriage or a desire to deprive same-sex spouses of benefits available to other spouses," Reinhardt wrote.

He ordered Levenson's bosses to negotiate how much Levenson is owed. In determining that the spouses of gay federal workers are ineligible for spousal benefits, the personnel office has cited the 1996 Defense of Marriage Act, which prohibits the government from recognizing same-sex unions. The office was closed Tuesday when contacted by telephone and e-mail for comment on the judge's order. Reinhardt's ruling applies only to Levenson, although a similar claim from a female court employee is pending before another 9th Circuit judge.