Constitutional Law
Obama in ‘Tough Spot’ over Benefit Orders for Same-Sex Lawyer Couples
Posted Mar 13, 2009, 06:40 am CST
By Debra Cassens Weiss
President Obama faces a difficult decision as he weighs how to respond to judicial orders requiring the federal government to pay insurance benefits to the same-sex spouses of two lawyers.
Judge Stephen Reinhardt and Chief Judge Alex Kozinski of the 9th U.S. Circuit Court of Appeals issued the orders as hearing officers for circuit employee disputes. The cases were brought by a deputy federal public defender and a staff lawyer for the San Francisco-based appeals court.
The Office of Personnel Management contends the federal Defense of Marriage Act bars payment of the benefits and has ordered insurers not to pay, the New York Times reports.
"Obama is in a tough spot,” the Times says. “If he supports the personnel office on denying benefits to the San Francisco court employees, he risks agitating liberal groups that helped him win election. If he supports the judges and challenges the marriage act, he risks alienating Republicans with whom he is seeking to work on economic, health care and numerous other matters.”
Similar issues were raised in a challenge to the Defense of Marriage Act filed in Boston by six same-sex couples and three men whose partners have died. The suit claims the statute unconstitutionally deprives the plaintiffs of benefits such as health insurance for spouses of federal employees and tax deductions for couples seeking to file federal tax returns jointly, the Boston Globe and Hartford Courant reported last week.
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