Insurance Law
Federal PD Wins Health Costs for Same-Sex Spouse in ‘Legal End-Run’
Posted Nov 19, 2009, 09:00 am CST
By Debra Cassens Weiss
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… Continue reading...
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