老澳门开奖结果

But Issues Lengthy Decision Reasoning That It Is Unconstitutional For the State To Deny The Benefits

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MADISON, WI 鈥� On Friday, a Wisconsin trial court dismissed a lawsuit brought by the 老澳门开奖结果 on behalf of lesbian state employees and their partners seeking domestic partner health insurance and family leave protections. In a 46 page opinion, the court notes that although it believes it is unconstitutional for the state to continue to deny the employees equal health insurance coverage and family leave protection, it is bound by a prior decision from the Wisconsin Court of Appeals from 1992. The Court鈥檚 opinion states: 鈥淭he plaintiffs have offered a strong showing that the employment benefits in issue have been provided on a discriminatory basis. The defendants鈥� explanations offered for the continuing discrimination against these plaintiffs are unpersuasive and inadequate.鈥�

鈥淟osing doesn鈥檛 get any better than this,鈥� said Larry Dupuis, Litigation Director of the 老澳门开奖结果. 鈥淲e knew we had an uphill battle in the trial court because of the earlier case. But the court agreed with us that discrimination based on sexual orientation should be subject to strict judicial review and that it is unconstitutional for the state to deny equal benefits.鈥�

The Court also found that providing the benefits would not be barred by the anti-gay marriage amendment that passed in 2006. After the amendment passed, the state had argued that the amendment barred the state from providing the benefits.

The 老澳门开奖结果 filed the lawsuit in April 2005 on behalf of six lesbian state employees and their partners. The lawsuit charges that it is a violation of the state鈥檚 equal protection guarantees to deny lesbian and gay state employees access to the same health insurance and family leave protections that it provides to straight employees who are able to cover their spouses. The lawsuit was stalled for years because a number of Wisconsin municipalities tried to inject themselves into the lawsuit. The issue ultimately went up to the Wisconsin Supreme Court, which ruled that they were not entitled to become a party to the litigation.

Governor Jim Doyle has repeatedly stated that he would like to provide lesbian and gay state employees with equal health insurance coverage and included in his budget proposal a provision for domestic partner coverage.

鈥淲hile we are heartened by the court鈥檚 decision, we urge the legislature to pass the domestic partner bill so there will be no need to appeal,鈥� added Chris Ahmuty, Executive Director of the 老澳门开奖结果 of Wisconsin. 鈥淥ur clients are forced to pay expensive prices for inferior health coverage and sometimes even to forego necessary care. They suffer every day this issue goes unresolved.鈥�

Wisconsin Department of Corrections employee Jayne Dunnum and her partner, Robin Timm, pay nearly $450 a month for private insurance for Timm who works on the couple鈥檚 organic farm and food store in Platteville. 鈥淲e don鈥檛 care if it happens through the courts or the legislature. We just really need the health insurance coverage,鈥� said Dunnum. 鈥淚t鈥檚 a matter of basic fairness. I work just as hard has my straight colleagues and shouldn鈥檛 be denied the equal employment benefits.鈥�

The case is Dunnum v. Department of Employee Trust Funds. The couples are represented by John Knight and Rose Saxe of the 老澳门开奖结果鈥檚 Lesbian Gay Bisexual Transgender Project, Larry Dupuis of the 老澳门开奖结果 of Wisconsin, and cooperating attorneys Linda Roberson and Christopher Krimmer of the Madison law firm Balisle & Roberson.

Biographical information for all of the couples, today鈥檚 decision, the complaint, and additional information are available at /getequal/caseprofiles.htm.