Lambda Legal on the Obama administration denying court-ordered spousal benefits to lesbian partner

[Bluebear]

On December 18, Lambda Legal expressed outrage over the Obama Administration's latest move to deny equal benefits for LGBT employees when it defied a ruling by a chief federal appeals judge that ordered spousal health benefits for a married lesbian court employee. Three days later, Ninth Circuit Court of Appeals Chief Judge Alex Kozinski ruled that the Administration had waived its right to appeal the ruling and is conclusively bound.

In November, Judge Kozinski ruled that Karen Golinski is entitled to receive health benefits for her wife, Amy Cunninghis, just as married heterosexual court workers do. Despite Judge Kozinski's ruling, the federal Office of Personnel Management (OPM) disagreed, contending that the law governing federal employees' health insurance and the so-called "Defense of Marriage Act" (DOMA) prevents the required coverage. OPM has instructed Golinski's insurer, Blue Cross and Blue Shield, not to follow Kozinski's orders.

"Lambda Legal believes Judge Kozinski is clearly correct that employees of OPM and the U.S. Department of Justice do not have superior authority to interpret federal law than federal judges," says Lambda Legal Marriage Project Director Jennifer C. Pizer in Friday's statement.

Lambda Legal also expressed its concern that the Obama Administration "has chosen to express its views of these legal questions through Friday-afternoon press statements, rather than by presenting its legal reasoning in the process required of Golinski."

"OPM has never disputed that this administrative forum is the appropriate venue for this discrimination claim, and yet has refused to participate and present its views. This is not the approach to issues of LGBT equality we had anticipated and deserve from the Obama Administration," Pizer says.

Lambda Legal and the Morrison & Foerster law firm are representing Golinski in her discrimination grievance against her employer.

http://www.lambdalegal.org/publications/articles/fa_20091223_feds-fail-benefits-lesbian-employee-wife.html

[xchrom]

1. Recommend

[niyad]

2. you know, I could have sworn I heard him say he was a "fierce advoccate" for lgbt rights.

one disappointment after another.

[ruggerson]

3. I don't think an employee of the federal judiciary can sue

the US Gov't. Or maybe they can only after all administrative appeals are exhausted.

It's fascinating to me that the Obama administration didn't even formally respond to Kozinski's last order.

They just issued a press release.

[ruggerson]

4. The McClurkin crowd is frantically unreccing this

[Bluebear]

5. Of course, because once they got our votes last November they could give a shit.

Much like certain politicians.

[Q3JR4]

9. Lets see....

True health care reform....scuttled.
Help for Main Street.....Eh?
Gay rights....not so much.

Are they expecting us to hold our noses and vote for democrats in the next election? If we get more of the same, why should we? For that matter, why should be re-elect obama in 2012?

Q3JR4.

[TexasObserver]

6. Recommend

[jonnyblitz]

7. K & R. thanks bluebear.

:hi:

[shadesofgray]

8. This is so disgusting. Obama can never claim to be for human rights again.

At least, not with any believability. He used gay people to get elected and then shit on them. Just disgusting, and simply indefensible.

[FLAprogressive]

10. Our President is an amazing husband and father. It was just a 2 minute prayer. Wait for your pony.

[Thickasabrick]

12. And he has an amazing dog named Bo. nt

[FLAprogressive]

14. Aw, Bo's so cute. Let's skip over to GD:P and look at some pictures!

[Thickasabrick]

16. ...

:rofl:

But....I just can't - I'm so ashamed of my apparel after I see what Michelle is wearing....it's just better not to look.

[FLAprogressive]

17. and those arms -- dammmmn girl you're toned!

[Thickasabrick]

18. You're killin me : ) nt

[Jamastiene]

25. *swoon*

Have you seen the latest Tiger Beat? To.Die.For.

I'm sure the Obama Christmas pictures will be up soon, if they aren't already.

[Terra Alta]

11. As a lesbian I feel like I've been thrown under the bus.

I voted for Obama because I thought he was going to do something about GLBT rights. So far he hasn't done squat and I am very disappointed.

[FLAprogressive]

15. march on over to GD:P and you'll be told to wait for your pony. Welcome to DU (and GD), where common

sense occasionally shows up.

[tbyg52]

20. He's done *less* than squat. That's the really infuriating part.

Sigh.... I cannot post a one-line comment without a typo.

[Skittles]

29. on the plus side, Terra

there's lots of great folk under that bus :(

[Thickasabrick]

13. OK...so what happens now??? nt

[tbyg52]

19. Defying a judge's ruling. Lovely. nt

[Vidar]

21. K&R.

[Duncan Grant]

22. Same game, different name: a move worthy of the Bush Administration.

This is derelict hope; derelict change.

Let that sink in for a moment.

[Bluebear]

24. ~

When you're right, you're right!

[Solly Mack]

23. K&R

[bigwillq]

26. K and R (nt)

[Jamastiene]

27. K&R

[shadesofgray]

28. Waiting for Obama to claim he didn't campaign on gay rights.

[McCamy Taylor]

30. First the administration can not defend gays because they have to follow the law.

Then, when the law makes a ruling favorable to gays, the administration can not follow the law.

The courts interpret the law. If the administration did not like the ruling they should have appealed. Obama does not get to pick and choose which courts to obey any more than W. did.

Are we sure there was really a change of administrations?