State to appeal ruling on domestic partner benefits for gay workers

Arizona is going to appeal a federal judge's decision saying the government can't take away health coverage and other benefits from the domestic partners of gay state and university workers.

"We are appealing the preliminary injunction because we disagree with the federal court s initial injunction ruling,'' Paul Senseman, press aide to Gov. Jan Brewer, said Wednesday. "We believe the Legislature has the ultimate authority to make state employee benefit decisions.''

Molly Edwards, press aide to Attorney General Terry Goddard, said her agency represents the state Department of Administration, which administers the benefits, and will follow its direction to appeal.

Arizona changed its definition of dependents in 2008 at the behest of then-Gov. Janet Napolitano.

Brewer became governor after Napolitano quit last year to take a job in the Obama administration. That paved the way for the Republican-controlled Legislature to approve a provision in the state budget limiting who is entitled to dependent coverage and specifically excluding the partners of unmarried employees, whether gay or straight.

Lambda Legal filed suit on behalf of gay workers, saying they have no option of getting benefits because the Arizona Constitution forbids them from marrying.

In a ruling last month, Sedwick agreed. He said the change is discriminatory because it makes benefits available "on terms that are a legal impossibility for gay and lesbian couples.''

"As a result, (the law) denies lesbian and gay state employees in qualifying domestic partnership a valuable form of compensation on the basis of sexual orientation.''

How many workers are affected is unclear.

The department of Administration said about 800 employees obtained domestic partner benefits. But it is not clear how many of these are heterosexual couples who were also granted benefits in 2008 but were not part of Lambda Legal's lawsuit and Sedwick's ruling.