Case Update
Gay and Lesbian Couples, State Workers, Win Key Legal Victory Against Federal Defendants in Lawsuit Claiming Unconstitutional Insurance Discrimination
The federal district court for the Northern District of California has rejected the Obama Administration’s request that it dismiss a lawsuit brought by gay and lesbian state workers and their partners who were excluded from equal participation in CalPERS’ long-term care plan. The plaintiffs allege that the applicable federal laws—including the Defense of Marriage Act—are unconstitutional.
The court cleared the way on Tuesday for the plaintiffs to proceed on their claims that the exclusion of gay and lesbian spouses and domestic partners from the CalPERS plan, at the directive of the federal government, violates the equal protection and due process guarantees of the U.S. Constitution.
The Legal Aid Society–Employment Law Center (LAS–ELC) brought the lawsuit on behalf of the couples in April 2010. See the court ruling.
Under federal law, a state may offer a “qualified,” or tax-protected, long-term care plan to public employees and a broad array of family members, including children, siblings, parents, nephews, nieces, aunts, uncles, in-laws, “step” relatives, and opposite-sex spouses. Only one family member is excluded: an employee’s same-sex spouse or registered domestic partner.
Following federal law, the California Public Employees’ Retirement System (CalPERS) has established a popular long-term care plan that insures more than 165,000 individuals. The plan permits members to enroll their parents, in-laws, siblings, and opposite-sex spouses. Same-sex partners need not apply.
Long-term care insurance provides coverage when a person needs help with basic activities due to chronic illness, injury, age, or a severe cognitive impairment like Alzheimer’s. The U.S. Department of Health and Human Services estimates that seventy percent of people over the age of 65 will need long-term care services.
The plaintiffs hope to open the CalPERS long-term care program on an equal basis to California public employees who have spouses or domestic partners of the same sex.