Federal PD Wins Health Costs for Same-Sex Spouse in 'Legal End-Run’
A federal public defender, thwarted in an earlier effort to enroll his same-sex spouse in his employer’s health coverage plan, has won a ruling requiring his employer to pay him for the costs of obtaining outside insurance.
The Los Angeles Times calls the ruling by Judge Stephen Reinhardt of the San Francisco-based 9th U.S. Circuit Court of Appeals “a legal end-run around the 1996 Defense of Marriage Act.”
Reinhardt ruled as a designated arbiter of employee disputes for public defenders in his circuit, according to an order (PDF) issued yesterday. The 9th Circuit bars discrimination on the basis of sexual orientation under an employment dispute resolution plan for federal PDs.
Assistant federal public defender Brad Levenson married his same-sex partner when gay marriage was allowed in California, and he used the dispute resolution process when his request for spousal insurance benefits was denied.
Reinhardt ruled on Levenson’s behalf earlier this year, holding his rights were violated under the dispute resolution plan and the Constitution’s due process clause. Reinhardt ordered the Administrative Office of the U.S. Courts to submit Levenson’s request to insure his spouse to the appropriate health insurance carrier.
The AO complied, but the Office of Personnel Management intervened to prevent his enrollment, citing the Defense of Marriage Act. Levenson sought an order requiring the public defender office to either contract with private insurers for his coverage, or to pay a monetary award that compensates him for coverage under the Back Pay Act. Reinhardt chose the second option.
“We are very pleased with this decision,” Levenson told the Los Angeles Times. “Is it equal treatment? No. Is it a good remedy? Yes. And we are appreciative of the judge’s order.”
The Associated Press also had the story.
