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Arizona Defends Benefit Cuts for Same-Sex Domestic Partners

After spending the last year focusing on fighting federal immigration law and health care reform, attorneys for Arizona Republican Gov. Jan Brewer return to federal court today to defend their war against the state's gay and lesbian employees and their families.

The State of Arizona is defending its September 2009 revocation of health insurance coverage for same-sex domestic partners before a three-judge panel of the U.S. Ninth Circuit Court of Appeals in San Francisco. Lambda Legal represents ten state employees and is suing the state, reports The Arizona Republic.

[The] lawsuit filed on behalf of 10 state employees in November 2009 argued that the law discriminates against gay and lesbians. In July, U.S. District Judge John Sedwick agreed and temporarily prevented the benefit cut for same-sex couples, saying the law violated the U.S. Constitution's equal-protection clause by making it impossible for homosexuals to get health coverage for their partners. 

More than 600 state workers lost health-care coverage for their heterosexual partners on Jan. 1. The law also cut benefits for adult children, but federal health-care reform required the state to offer insurance to dependent children up to age 26. Benefits to 480 same-sex partners and about 60 children would be cut off if the 9th U.S. Circuit Court of Appeals lifts the injunction. 

The state can't require employees to be married in order to qualify for family benefits when Arizona offers no legal unions for same-sex couples, said Tara Borelli, an attorney with Lambda Legal, a New York-based advocacy group that filed the lawsuit. "The state has set up a legal impossibility for gay couples," said Borelli, who will argue the case today.

Lambda Legal adds via press release:

Lambda Legal represents ten state employees - including from Arizona's Highway Patrol Division, Game and Fish Department, and state universities - who rely on health benefits from their employers to safeguard their families' health, as heterosexual workers do. Arizona lawmakers included a provision eliminating family health coverage for gay state employees as part of a last-minute budget deal signed by Governor Janice Brewer in 2009, while retaining family health coverage for heterosexual workers. ...

Plaintiff Deanna Pfleger, an officer with the Arizona Game and Fish Department, attended the hearing with partner Mia LaBarbara. "My job regularly puts me in danger, but taking away our health benefits would jeopardize my family," said Pfleger. "Mia depends on the benefits we receive through my job. We have the same need for family health coverage as my heterosexual colleagues, and this, in effect, docks my pay in comparison to them."

The same-sex domestic partner benefits were originally cut as part of a "cost-saving" measure. Arizona spends $625 million a year on employee benefits, of which roughly only $3 million went to benefits for all domestic partners.

An idea to save money: Why not keep the benefits and end the expensive, year and a half federal litigation process? And stop suing the federal government on health care and immigration, too. That is, if the state really wants to "save" money.

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Arizona Revokes DP Benefits for State Employees

NEWS: Giffords Critical; 2nd Suspect Sought; Fed Judge Killed

The latest on the tragedy in Tucson: 

Authorities seeking the man seen above who is possibly associated with 22-year-old Jared Lee Loughner, the suspect in the tragic shooting Saturday morning that killed 6 people and injured 13, including Rep. Gabrielle Giffords. The man is described as a "person of interest" and was seen at the same location and at the same time.

Giffords was shot in the head and critically wounded in what authorities describe as a "targeted attempt on her life." Doctors at the University of Arizona Medical Center say she "is not in a medically-induced coma, but still under sedation from surgery."

Timeline of the events in Tucson.

FBI: Loughner is not cooperating.

Watch: Loughner's bizarre YouTube channel on mind control.

Report: Loughner had become increasingly erratic in recent months: "Started to act oddly during his classes at Pima Community College, causing unease among other students. That behavior, along with a disturbing video, prompted school administrators to call in Mr. Loughner’s parents and tell them that their son had been suspended and would have to get a mental health evaluation to return to college."

Among those killed: 63-year-old John M. Roll, chief judge for the United States District Court for Arizona. Roll was appointed in 1991 by George H.W. Bush.

Other victims include: Gabriel Zimmerman, 30, who was the director of community outreach for Ms. Giffords. The others who died were identified as Christina Green, 9; Dorothy Morris, 76; Dorwin Stoddard, 76; and Phyllis Schneck, 79.

 

 

WATCH: Pro-LGBT AZ Rep. Gabrielle Giffords Shot in Tucson

Progressive and pro-equality Democratic Rep. Gabrielle Giffords—who was on Sarah Palin's infamous "target" map last fall—was shot at point blank range in the head in Tucson, Arizona. Luckily, the congresswoman is still alive and

Six people were killed and 18 were injured in the shooting at a Safeway in northwest Tucson. U.S. District Judge John Roll was among the fatalities. The gunman was subdued and is in custody.

Giffords was hosting an event called "Congress on Your Corner." Adds the New York Times: "At one such event in 2009, a protester was removed by police when his pistol fell on the supermarket floor. This was her first event since her re-election to a third term in November."

Giffords was first elected to Congress in 2006 and was later targeted by Palin, Republicans and Tea Party supporters for supporting health care reform,  immigration reform and a woman's right to choice. Giffords was a strong equality supporter, a member of the House LGBT Equality Caucus, and boasted an 81 percent Human Rights Campaign rating. Giffords voted to repeal "Don't Ask, Don't Tell."

Only yesterday, Giffords was on FOX discussing congressional pay salaries. Watch that video, as well as breaking news on the shooting and Giffords debate immigration AFTER THE JUMP ...

1st Latina and 1st Openly Gay Justice on Colorado Supreme Court

On Friday, Colorado Deputy Attorney General Monica Marquez followed her father's footsteps and made history, reports the Denver Post.

Marquez was sworn in Friday as Colorado's new Supreme Court justice. Marquez is the first Latina and the first openly gay jurist on the state's high court. "On the bench, of course, my allegiance is to the law, not to any particular constituency," she said after she was sworn in by her father, retired Judge Jose D.L. Marquez, who was the first Latino appointed to the Colorado Court of Appeals.

Marquez, 41, is a Grand Junction native who attended Stanford and Yale universities. Gov. Bill Ritter told the justices that he interviewed Marquez and determined she has a "deep respect for the rule of law." He said he was reassured she would not show preference. "It's important not to do that for any interest group," he told the court. ...

Heather Draper, spokeswoman for the Gay Lesbian Bisexual Transgender Community Center said Colorado lawmakers have passed five laws in recent years improving gay rights, including laws that allow same sex couples to designate beneficiaries, adopt children and bar discrimination in housing, but none of those issues are involved in pending litigation.

There are no major gay rights issues pending before the court but "there could be a court challenge if Colorado Republican lawmakers" move forward with plans to introduce an Arizona-style  SB1070 immigration law. And if a gay rights or immigration law were to reach the court ... don't be too surprised if conservatives claim "bias" and suggest Justice Marquez should recuse herself.

Justice Dept. Sues Arizona Sheriff Arpaio in Civil Rights Investigation

The Justice Department filed suit against Arizona's Maricopa County Sheriff Joe Arpaio, for refusing access and records for an investigation into allegations of widespread racial profiling and civil rights abuses. The federal suit filed in U.S. District Court in Phoenix says Arpaio and his office have "refused for 17 months to cooperate" with the federal government.

"Justice Department officials could not point to a case within the past 30 years in which they had to sue a law-enforcement department to provide access to information," reports AZCentral.com. "At stake is $113 million in future federal funding for the county, they say, which is given on the condition that officials agree they will not discriminate against residents and will cooperate with federal officials."

The FBI has launched a separate investigation into whether Arpaio has been "using his position to settle political vendettas."

VIDEO: Palin: Obama Doesn't Have the "Cojones" to Fix Immigration

GOP quitter and failed Republican vice presidential candidate Sarah Palin says President Obama doesn't have the "cojones" to solve illegal immigration.

This month the Obama Administration will begin deploying 1,200 more National Guard troops to the southwest border. But appearing  on Fox News Sunday, Palin said that Obama is weak on the issue. "[Arizona Gov ] Jan Brewer has the cojones that our President does not have," Palin remarked. "If our own president will not enforce a federal law, more power to Jan Brewer. Bless her heart ... she's going to do all that she can to continue down the litigation path to allow secure borders."

This week, a federal judge blocked several key and controversial provisions of Arizona’s extreme new immigration law from taking effect. Palin called the judge's ruling "unfortunate" and hopefully "temporary."

One former half-term governor who resigned praises the "cojones" of another half-term governor who assumed office. Comedy. Watch it AFTER THE JUMP ...

Fed Judge Receives "Hundreds of Death Threats" After SB1070 Ruling

On Wednesday, U.S. District Judge Susan Bolton blocked several key and controversial provisions of Arizona’s extreme new immigration law from taking effect. Within hours, the federal judge received "hundreds" of threats, many threatening physical harm or death, reports KPNX-TV.

"She has been inundated," said U.S. Marshal David Gonzales, indicating his agents are taking some seriously. "About 99.9 percent of the inappropriate comments are people venting. They are exercising their First Amendment rights and a lot of it is perverted. But it’s that 0.1 percent that goes over the line that we are taking extra seriously." Gonzales would not say if any threats were coming from recognized hate groups or if Bolton had received threats at her home. Nor would he discuss any extra security measures, which U.S. marshals routinely provide federal judges. "It is policy at a juncture like this to increase security at the courthouse. Beyond that, I cannot discuss security matters," Gonzales said.

Meanwhile: Rep. Raúl Grijalva, the progressive Arizona Democrat opposed to SB1070, was forced to close his Yuma office after a window was "shattered and a bullet [fired] inside."

News: Oakland, Mike Rogers, Madonna, Trey Songz, DADT

What was "involuntary" about Oscar Grant's murder?

Former BART police officer "apologizes" for Oscar Grant shooting. Family unimpressed.

LAPD announces arrest in the murder of Paulina Ibarra, a transgender woman.

Small "riot" erupts at Taste of Chicago as restless crowd awaits Trey Songz. " Five people waiting in line for the concert were treated for heat-related illnesses and multiple ambulances [were] dispatched. As the jammed throng grew increasingly agitated before a line of mounted police, one Chicago policeman muttered, 'There’s a riot going on.'"

Wanda Sykes' HBO special receives two Emmy nods.

Security guards at New Orleans hospital accused of "punching and tasing" Supreme Court Justice Clarence Thomas' epileptic nephew.

Über-blogger, gay political gadfly and Outrage star Mike Rogers covers Metroweekly. 

Politico on the political implications of next week's "Don't Ask, Don't Tell" trial for the Obama Administration.

Right-wing: LeBron James chose Miami Heat because "taxes are too high" in Illinois and NY.

First look at D&G's new FW 2010 ad campaign featuring Madonna by Steven Klein.

Manhattan Borough President Scott Stringer and fiancée refuse to wed in NYC and will marry in Connecticut to "protest New York’s failure to legalize gay marriage."

POLL: Majority of Tea Party Supporters Say Gays Too Powerful

A new University of Washington poll (PDF) finds that a majority of "true" Tea Party supporters believe gays are too powerful. Fifty-two percent of respondents said that "compared to the size of their group, lesbians and gays have too much political power."

The poll also finds only 18% of teabaggers believe in marriage equality,  88% support Arizona's controversial immigration law and almost half believe "if blacks would only try harder, they would be just as well off as whites."

"According to UW professor Matt Barreto, who directed the poll, the Tea Party's frustration with Washington 'is going hand in hand with a frustration and opposition to racial and ethnic minorities and gays and lesbians.'"

"Too much political power"? It's still perfectly legal in almost 30 states to fire someone or not hire them simply because they're gay, lesbian or transgender.

News: Janelle Monáe, Saeed Jones, Emanuel Xavier, Lee Daniels

· Vanessa Williams heads to Wisteria Lane.

· Janelle Monáe's The ArchAndroid drops. ArjanWrites: "[It's] a culmination of hard work, her deep love for music and uncompromising ambition to bring enlightenment to the pop charts. The ArchAndroid is equally provoking, stirring and inspiring. This record will move you—it will make you think, it will make you dance."

· Critics: Is Monáe "suited" for mainstream success?

· GQ sells 365 copies of its first iPad edition.

· Facebook: Draft Laura Bush for Dallas Pride.

· Daniel Radcliffe wants Cristiano Ronaldo's abs.

· "It's A Man's World". 

· Saeed Jones' poem “Mississippi Drowning” makes the current issue of The Collagist.  The New Jersey-based poet and author will also present at the Lambda Literary Awards on May 27.

· Gay City News profiles Emanuel Xavier: "One of the most influential players in the spoken word genre and Neo-Nuyorican poetry movement. On June 20, as a testament to Xavier’s continuing influence in the LGBT Latino/a community, El Museo del Barrio will be presenting its first-ever New York City Gay Pride celebration event, "The Legendary Project," a modern dance performance based on Xavier’s spoken word/music collaboration."

· Alicia Banks on Polanski: "Bold. Serial. Pedophile. Rapist."

· Mysterious Skin director Gregg Araki premieres new sexual awakening film Kaboom in Cannes.

· GLAAD Media Awards in San Francisco June 5th to honor Lee Daniels, Cybill Shepherd and newly out country singer Chely Wright.

· Report: BlackBerry to launch 8.9 inch tablet this year. "There are some big differences between BlackBerry’s tablet, the iPad and the now-confirmed Google tablet—most notably a lack of cellular networking. Instead, the device will utilize your existing BlackBerry’s connection, communicating with the device via Wi-Fi or Bluetooth."

· Los Angeles Gay and Lesbian Center joins growing economic boycott of Arizona: "The center will prohibit staff travel to Arizona for conferences or other professional activities and will take steps to end all relationships with businesses headquartered in Arizona."