Tweet
Under the leadership of Gov. Janet Napolitano, the Arizona state government in 2008 created a health insurance benefit for the domestic partners and children of state employees and retirees. This past September, the Arizona legislature stripped those benefits from state employees with now-Governor Jan Brewer’s approval. Oh, but they made sure to retain spousal health benefits for heterosexual employees. Who do you think burdens the state budget more, the legions of heterosexual employees, or the handful of gay ones?
Tucson, Arizona, November 17, 2009 – Lambda Legal filed a federal lawsuit in U.S. District Court in Tucson today to block a move to strip gay and lesbian state employees of domestic partner benefits.
“This is an issue of equal pay for equal work,” said Tara Borelli, staff attorney for Lambda Legal. “By stripping away these vital benefits from loyal state employees, the state isn’t just paying them less for the same work than their heterosexual colleagues – it’s pulling away a vital lifeline that all workers need. This is simply cruel and saves the state next to nothing.”
Lambda Legal represents 10 state employees – including from the Arizona Highway Patrol, the State Department of Game and Fish and state universities – who rely on health benefits from their employers to keep their families safe.
[caption: Plaintiff Deanna Pfleger (right), her partner Mia Labarbara and their children.]
Arizona’s domestic partner benefits for gay and lesbian public employees were adopted in the fall of 2008 under the leadership of former Governor Janet Napolitano, who left in January 2009 to become Secretary of the Department of Homeland Security. This summer Arizona legislators approved a budget bill with a provision revoking the benefits while retaining the comparable health benefits for heterosexual public workers. Current Arizona Governor Jan Brewer signed it.
[caption: Plaintiff Keith Humphrey (left) with his partner of eight years, Brett Klay, who was diagnosed over the summer with a torn carotid artery. Losing the health insurance that allows Klay to access medical appointments, monitoring scans and medication to prevent a potentially fatal blood clot is a terrifying prospect for the couple.]
Arizona Highway Patrol Officer Tracy Collins is the suit’s lead plaintiff. Collins relies on the benefits to protect her partner of almost 11 years, Diana Forrest, and their family. “I put my life on the line every day for the people of Arizona just by going to work,” said Collins. “Though the stress of working a dangerous job takes a toll on my family, I’m proud to serve and protect our community. But losing Diana’s health coverage will put us in a desperate situation.”
The case is Collins v. Brewer.
For those of us not familiar with Jan Brewer, Towleroad brought us this insight:
“Gov. Jan Brewer said Wednesday that she believes ‘God has placed me in this powerful position as Arizona’s governor’ to help the state weather its troubles.
I think we know all about Jan we need to know.
7 Comments
Oh, how wonderful!Finally some good news coming outta this place. I am happy to see Lambda legal get involved here. As delighted as I was that Gov Janet Napolitano got a promotion to be Sheriff Joe Arpaio’s boss (snicker), leaving us in the hands of bimbettes like this was an unfortunate fallout.
For those happily not ensconced in AZ politix, you may be surprised to learn that Ms Brewer is considered TOO LIBERAL by much of the legislature and citizens — because she wanted a temporary sales tax for education funding.
Finally, a factoid gleaned from local public radio this week: AZ has the third worst budget deficit in the country (I forget who is second, but CA is first).
BrrrrrrrrrrrrBrewer gives me hives. I do give her credit for attempting to solve AZ’s staggering budget shortfall by attempting to reinstate the business property tax the legislature suspended several years ago, but, as Jake said, the legislature screamed socialism and shrugged as the Department of Education (remember, already ranked 48th in the nation) cut $140 million from their budget and the Department of Economic Security (which includes services for the developmentally disabled, and is similarly already overstretched and underserving) chopped a similar amount.
But–despite that single moment of lucidity, she’s extremely socially conservative, against marriage equality and reproductive freedom for women. And there’s that whole “I’m an instrument of God” thing, which is actually kinda entertaining if you carry the logic out further than she did. God made her governor? That means God also arranged for Janet Napolitano to be named DHS chief, which means, of course, that God made Barack Obama president. Maybe they’ll ask her about that during the suit at some point.
Don’t get your hopes upI applaud Lambda Legal for trying – they are a great organization – but legally in Arizona I don’t think they have much of a case.
Under State law it is entirely legal, even encouraged, to discriminate against gays and of course we amended our constitution to prohibit gays from being able to marry or raise families legally.
They are suing under Federal law, trying to make a case that it is illegal under Federal law, but under Fed law we haven’t even passed ENDA yet.
Personally I have been recommending that no one consider positions at UA or consider relocating their businesses to AZ, although in these times of high unemployment people have limited options.
What would help the most would be support from our “straight allies” but as usual, it is a fight left to GLBTs alone.
If Lambda Legal is trying, there MUST be a case!Lambda Legal is known for bringing up suits ONLY when they know they have a real shot at winning, so I’m hopeful they can win this case. It’s just wrong for them to unfairly target LGBT state employees like this by chopping off their DP benefits.
Jeez, this makes our state look progressive by comparison.I’m hopeful Lambda can win this case, but it just underscores the importance of giving Brewer the boot next year. She’s just another Gibbons-like wingnut who’s a total hypocrite. Too bad they can’t get rid of her and we can’t get rid of Gibbons sooner…
Worked in AlaskaThe ACLU won a similar case in Alaska, another fairly red state. That was under state law, not federal, but the Ninth Circuit, which covers Arizona, has already shown itself to be amenable to equal protection claims. Not a slam dunk, but not a long-shot either.
Alaska CLU v. State of Alaska: http://www.aclu.org/lgbt-right…
I think they bothwill have a place in the Palin/Prejean administration, don’t you?