Thursday, Dec 18, 2014
 
search SGN
SERVING SEATTLE AND THE PACIFIC NORTHWEST FOR 37 YEARS!

click to visit advertiser's website


Javascript DHTML Drop Down Menu Powered by dhtml-menu-builder.com

Last Weeks Edition
   
click to visit advertiser's website
click to visit advertiser's website
click to visit advertiser's website
click to visit advertiser's website
 

 

 
 
click to go to advertisers website
 
Lambda Legal Sues U.S. Office of Personnel Management
Section One
ALL STORIES
  next story
Lambda Legal Sues U.S. Office of Personnel Management

Lambda Legal Sues U.S. Office of Personnel Management on Behalf of Lesbian Federal Court Employee Whose Wife Was Denied Insurance

'At a minimum, federal courts have the power and responsibility to end discrimination against their own employees.'

(San Francisco, January 20, 2010) - Lambda Legal today filed suit against the federal government in the U.S. District Court for the Northern District of California. The lawsuit requests an order directing the U.S. Office of Personnel Management (OPM) to obey prior rulings by Ninth Circuit U.S. Court of Appeals Chief Judge Alex Kozinski awarding spousal health insurance benefits to Ninth Circuit judicial attorney Karen Golinski.

Kozinski ruled in January 2009, that denying Golinski spousal health insurance for her wife, Amy Cunninghis, was illegal discrimination. He ordered the Administrative Office of the U.S. Courts to submit Golinski's health benefits election form to her insurer, Blue Cross/Blue Shield. OPM disagreed with Kozinski's order and told Blue Cross not to comply.

"It's a bit shocking that we've reached this point with the Obama Administration. Where is our 'fierce advocate' for LGBT rights?" said Jennifer C. Pizer, National Marriage Project Director for Lambda Legal and co-counsel for Golinski.

Last November, Kozinski issued a further ruling explaining that he has the authority, under both the Ninth Circuit's Employment Dispute Resolution (EDR) Plan and the constitutional separation of powers doctrine, to interpret laws governing the rights of judicial employees. His order gave OPM thirty days to comply or appeal. The controversy drew heightened national attention when, instead of doing either, OPM issued a press release saying the order was not binding and that the U.S. Department of Justice had advised OPM not to comply in light of the 1996 so-called "Defense of Marriage Act" (DOMA). When OPM failed to appeal by the December deadline, Kozinski held that his prior rulings had become conclusive and binding against OPM.

"OPM's refusal to give their analysis ÿÿ even informally ÿÿ is the most telling. If they are confident Judge Kozinski is wrong, why didn't they tell us, and him, why they think so? Simply defying his orders is a slap in the face to Karen and the entire LGBT community and bizarrely disrespects the judiciary. At a minimum, federal courts have the power and responsibility to end discrimination against their own employees. The whole point of the court's EDR tribunal is to give judicial employees the same meaningful recourse as other federal employees. OPM has said nothing to suggest the Chief Judge's reasoning on this point is mistaken," Pizer added.

The lawsuit asks the federal district court to order OPM to rescind its instruction to Golinski's insurer, Blue Cross/Blue Shield, not to enroll Cunninghis in Golinski's family health insurance plan so the coverage for Cunninghis can begin.

"The timing of this lawsuit is painfully ironic," said Golinski. "It falls between the first anniversaries of Judge Kozinski's original ruling in my favor and the new Administration's arrival in Washington with its promise of positive change for lesbian and gay Americans. I deeply appreciate the commitment of my employer ÿÿ the Ninth Circuit ÿÿ to fairness and equality, and I wish this lawsuit were unnecessary."

Lambda Legal's Pizer represents Karen Golinski in this matter together with James McGuire and Rita Lin of Morrison & Foerster LLP.

The case is Golinski v. United States Office of Personnel Management.

Tell a friend:

Share on Facebook  Share on Facebook

Post to MySpace!Share on MySpace!

    Share on Delicious

Share on StumbleUpon!

Fight the Fear Campaign bolsters community defense, spirit
------------------------------
Prop. 8 trial begins in California
------------------------------
Equal Rights Washington lays groundwork for 2010
------------------------------
Portugal passes marriage equality bill
------------------------------
Out to Quit: Going through 'The Program' - Week 2
------------------------------
First same-sex wedding in China gets major coverage in state-run press
------------------------------
Pro-DOMA judge becomes WA Chief Justice
------------------------------
Uganda might not kill Gays, Museveni says
------------------------------
Leslie Rado, 1945-2010
------------------------------
Seattle Pride 2010 planning in progress
------------------------------
Pride Foundation scholarship deadline is Jan. 31
------------------------------
Estate gift benefits local HIV/AIDS organizations
------------------------------
Pat Robertson: Haiti had it coming!
------------------------------
Suspect in Puerto Rico Gay murder fit to stand trial
------------------------------
DC court rejects anti-marriage referendum
------------------------------
ENDA markup in February, vote in March, says Barney Frank
------------------------------
BREAKING NEWS
------------------------------
King County Labor Council takes up ENDA
------------------------------
Recording blocked indefinitely at Prop 8 trial
------------------------------
The need for Queer youth space in Seattle
------------------------------

------------------------------
California community reacts to Prop. 8 trial
------------------------------
Lady Gaga Collapses In Indiana, Cancels Shows
------------------------------
Trial of gay couple in Malawi adjourned after accused collapses in court
------------------------------
Gays leave unfriendly South Beach for Fort Lauderdale
------------------------------
Gay marriage supporters fear Supreme Court's ruling was an omen
------------------------------
Same-sex marriage judge dealt with other gay cases
------------------------------
Lambda Legal Sues U.S. Office of Personnel Management
------------------------------
Prop 8 trial transcripts to be posted online
------------------------------
TRIAL TRANSCRIPTS AVAILABLE AT EQUALRIGHTSFOUNDATION.ORG
------------------------------
Restraining Order denied: Logo staying up for now
------------------------------
Professor says gays are politically unpopular
------------------------------
Prop 8 Trial Today Called 'Explosive' as Efforts by Mormon Church to Hide Involvement are Revealed
------------------------------

------------------------------

------------------------------

------------------------------

------------------------------

------------------------------

------------------------------

------------------------------

------------------------------

------------------------------

------------------------------

click to visit advertiser's website

click to visit advertiser's website
click to visit advertiser's website
click to visit advertiser's website
click to visit advertiser's website
click to visit advertiser's website
click to visit advertiser's website
click to visit advertiser's website
click to visit advertiser's website
Seattle Gay Blog post your own information on
the Seattle Gay Blog
 

 

gay news feeds gay news readers gay rss gay
http://sgn.org/rss.xml | what is RSS? | Add to Google use Google to set up your RSS feed
SGN Calendar For Mobile Phones http://sgn.org/rssCalendarMobile.xml
SGN Calendar http://sgn.org/rssCalendar.xml
copyright Seattle Gay News - DigitalTeamWorks 2009

USA Gay News American News American Gay News USA American Gay News United States American Lesbian News USA American Lesbian News United States USA News
Pacific Northwest News in Seattle News in Washington State News