Advocacy
Contact:
Christopher Herrera, Legal Aid Society–Employment Law Center
415.593.0071 |
Claudia Center, Legal Aid Society–Employment Law Center
408.718.0148 |
Motion for Summary Judgment Filed in Defense of Marriage Act Case
Denial of Participation in Long-Term Care Program Called Unconstitutional
Download the News Release in PDF format
(SAN FRANCISCO, CA, January 19, 2012) – Lawyers for Legal Aid Society–Employment Law Center and Zelle Hofmann Voelbel & Mason LLP have filed a motion for summary judgment against the U.S. Department of the Treasury, the Internal Revenue Service and the California Public Employees Retirement System (CalPERS) on behalf of gay and lesbian state workers, together with their spouses and registered domestic partners, who are denied equal access to California’s long-term care insurance program for public employees and their families..
The motion seeks judgment in favor of the plaintiffs in the class action lawsuit entitled Dragovich v. CalPERS (Case No. CV 4:10-01564-CW). The case was originally filed on April 13, 2010. On July 15, 2011, the court ruled that the case could proceed as a class of excluded gay and lesbian couples.
Legal Aid argues that the Defense of Marriage Act (DOMA), which excludes same-sex partners from participation in the program, violates the U.S. Constitution’s guarantees of equal protection and due process. The named plaintiffs are five California state employees and their partners.
About the Legal Aid Society–Employment Law Center | www.las-elc.org
The Legal Aid Society–Employment Law Center was founded in 1916 and is committed to protecting the rights and economic self-sufficiency of low-income and disadvantaged workers and their families. The LAS–ELC provides free legal services, educational materials, technical assistance to other groups, and direct legal representation addressing racial equality; gender equity; immigration and national origin, and disability rights.