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By IAIN WOESSNER
Cronkite News Service
PHOENIX (Tuesday, Nov. 17) _ Arizona’s decision to repeal domestic partner benefits for state employees discriminates against homosexuals, an advocacy group said Tuesday in announcing a lawsuit.
“These gay and lesbian state workers just want the same thing that the workers at the next desk, in the next patrol car, get,” said Tara Borelli, an attorney with Lamda Legal, a national group that promotes gay rights.
The group filed a lawsuit in U.S. District Court in Phoenix on behalf of 10 state employees who rely on domestic partner benefits. It names Gov. Jan Brewer and three officials with the state Department of Administration: David Raber, the interim director; Kathy Peckardt, the human resources director; and Phillip Hamilton, assistant director of the Benefits Services Division.
Arizona extended benefits to domestic partners of state employees in 2008 under Gov. Janet Napolitano, who left in early 2009 to become secretary of the U.S. Department of Homeland Security. Since then, about 800 employees have registered for domestic partner benefits, according to the state Department of Administration.
As it met in special session in September to address the budget deficit, the Legislature approved limiting benefits to spouses in marriages that are recognized by Arizona as well as to their dependents who are 18 and younger or who are full-time students age 22 and younger.
The change is to take effect Oct. 1, 2010.
Tracy Collins, an Arizona Department of Public Safety patrol officer who is among the plaintiffs, said her partner, Diana Forrest, isn’t eligible for health benefits through her job and has a history of debilitating pain.
“I cannot overstate the godsend that the domestic benefits have been that Diana receives from my employment with the state of Arizona,” Collins said. “Thanks to them, we’ve had the comfort of knowing that a relapse of Diana’s condition will not financially devastate us. If we lose those benefits, I don’t know what we are going to do.”
Paul Senseman, a spokesman for the governor, said his office hadn’t received a copy of the lawsuit. “The governor does believe that the state law requiring state employees benefits extend only to spouses and children is constitutional,” he said in an e-mailed response to questions.
Alan Ecker, a spokesman for the state Department of Administration, said he couldn’t comment because officials there hadn’t received the suit.
Laura Devany, communications adviser for the state Senate’s Republican leadership, said the cut was proper because of Arizona’s historic budget deficit but also because the change was made without the Legislature’s approval.
Brian Raum, senior counsel with the Alliance Defense Fund, a legal group advocating for what it calls Christian values, said the suit will fail because the law doesn’t guarantee the same rights to unmarried couples that it does to those who are legally married.
“It doesn’t have any merit under the U.S. Constitution,” he said.
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Web Link:
_ Lamda Legal: www.lambdalegal.org
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PHOTOS: Click thumbnails to see full-resolution images.
Tracy Collins (right), an Arizona Department of Public Safety officer, and her partner, Diana Forrest, talk with reporters in Phoenix as the advocacy group Lamda Legal filed a lawsuit alleging that Arizona’s decision to remove domestic partner benefits for state employees discriminates against homosexuals. (Cronkite News Service Photo by Iain Woessner)
Tara Borelli, a staff attorney for the advocacy group Lamda Legal, attends a news conference at which the group announced a lawsuit contending that Arizona’s decision to remove domestic partner benefits for state employees discriminates against homosexuals. (Cronkite News Service Photo by Iain Woessner)