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MsTinkerbelly · 04-05-2012, 04:36 PM

California federal judge rules denial of same sex spousal benefits is discriminatory
By Scottie Thomaston

Chief Judge James Ware of the Northern District of California has issued a ruling in a case involving denial of insurance benefit to a law clerk with a same-sex spouse, deciding that the denial of benefits is discriminatory. The court has a policy that guarantees a “discrimination-free workplace.” Because he can’t force the national office to cover spouses,:he ordered the chief clerk of the San Francisco federal court to reimburse Nathan for the past and future costs of buying insurance for his husband.

But the Defense of Marriage Act complicates the issue. Courts have to comply with DOMA, and the administration itself is still enforcing it, until it’s ruled unconstitutional definitively by the Supreme Court. It puts a spotlight on the fact that courts have policies on anti-discrimination in the workplace but then are required by law to discriminate. If there is to be any change in procedure, that decision, Wieking [the clerk ordered by Ware to reimburse funds] said, “will have to be made by the Administrative Office of the U.S. Courts.”

04-05-2012, 04:36 PM	#957
MsTinkerbelly Timed Out - TOS Drama How Do You Identify?: ... Preferred Pronoun?: ... Join Date: Nov 2009 Location: ... Posts: 6,573 My Photo Gallery Thanks: 30,737 Thanked 22,908 Times in 5,019 Posts Rep Power: 0	Prop 8 Blog... California federal judge rules denial of same sex spousal benefits is discriminatory By Scottie Thomaston Chief Judge James Ware of the Northern District of California has issued a ruling in a case involving denial of insurance benefit to a law clerk with a same-sex spouse, deciding that the denial of benefits is discriminatory. The court has a policy that guarantees a “discrimination-free workplace.” Because he can’t force the national office to cover spouses,:he ordered the chief clerk of the San Francisco federal court to reimburse Nathan for the past and future costs of buying insurance for his husband. But the Defense of Marriage Act complicates the issue. Courts have to comply with DOMA, and the administration itself is still enforcing it, until it’s ruled unconstitutional definitively by the Supreme Court. It puts a spotlight on the fact that courts have policies on anti-discrimination in the workplace but then are required by law to discriminate. If there is to be any change in procedure, that decision, Wieking [the clerk ordered by Ware to reimburse funds] said, “will have to be made by the Administrative Office of the U.S. Courts.”