A law recently passed by the Arizona Legislature – which would have eliminated domestic partner benefits for state employees – was temporarily halted on Friday by U.S. District Judge John Sedwick.
The law, which was scheduled to go into effect on Oct. 1, amended the definition of “dependent” to mean either a child or “a spouse under the laws of this state.”
The intent of the Legislature was to abide by the state’s Marriage Protection Amendment – passed by voters in 2008 – and prohibit domestic partner benefits to state employees, whether heterosexual or same-sex couples.
Sedwick noted in his order, “Because employees involved in same-sex partnerships do not have the same right to marry as their heterosexual counterparts, (the law) has the effect of completely barring lesbians and gays from receiving family benefits. Consequently, the spousal limitation in (the law) burdens state employees with same-sex domestic partners more than state employees with opposite-sex domestic partners.”
Sedwick’s order also denied the state’s motion to dismiss the workers’ equal protection claim and the governor’s claim of immunity.
The temporary injunction will go into effect within 10 days.
“Once again, we see an activist judge overturning the will of the people as expressed through their state legislators,” said Cathi Herrod, president of the Center for Arizona Policy Action. “Benefits granted on the basis of marital status are done so because married couples provide a benefit to society.”
FOR MORE INFORMATION
Read Judge Sedwick’s opinion in Collins et al v. Brewer et al.
Read the law (ARS § 38-651)enacted by the Arizona Legislature.
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