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The bill, which was signed into law by Gov. Jan Brewer in September, amended the definition of "dependent" under state law to mean either a child or "a spouse under the laws of this state." That change prevented the partners of gay and lesbians, who are legally unable to marry, from receiving benefits.
The judge says: "Contrary to the State's suggestion, it is not equitable to lay the burden of the State budgetary shortfall on homosexual employees, any more than on any other distinct class, such as employees with green eyes or red hair."
Good. This is a perfect example of a state trying to institutionalize discrimination. Coming from Arizona - and Jan Brewer, in particular - it's not a surprise.
Ah true they don't. I wonder if the Governor can ask for his resignation? Hmm..Either way he made the wrong decision. Seeing how Arizona does not recognize homosexual marriage or civil unions they should not be allowed to be considered as having a spouse very simple.
But doesn't the state have to recognize them as a couple before they can even get benefits? That is what makes no sense to me. I mean if me and my wife weren't married she should not get my benefits either its not a homosexual thing its a if you ain't married then you shouldn't get benefits thing.
If you evaluate the circumstances carefully you will realize that it does. The Federal judge made the right choice. Same-sex couples are people too. And the judge has realized that. Good for him.
Quote:
Originally Posted by AnUnidentifiedMale
The judge believed that stripping health benefits from same-sex couples violated the U.S. Constitution's equal protection clause.
But doesn't the state have to recognize them as a couple before they can even get benefits? That is what makes no sense to me. I mean if me and my wife weren't married she should not get my benefits either its not a homosexual thing its a if you ain't married then you shouldn't get benefits thing.
I think that AUM is trying to say that this judge made a judgement that will work against any state that doesn't recognize homosexual ( I don't like that same sex term) marriage or civil unions. Before long people will be bringing up that decision to force those states who have constitutional amendments about same sex, God I hate that term, marriages. Yep, that is just what AUM is trying to point out.
It appears they can. The defense of marriage act has been lifted. Same-sex couples are being seen as people until otherwise noted by the federal court.
Quote:
Originally Posted by BigHoss14
But doesn't the state have to recognize them as a couple before they can even get benefits? That is what makes no sense to me. I mean if me and my wife weren't married she should not get my benefits either its not a homosexual thing its a if you ain't married then you shouldn't get benefits thing.
But doesn't the state have to recognize them as a couple before they can even get benefits? That is what makes no sense to me. I mean if me and my wife weren't married she should not get my benefits either its not a homosexual thing its a if you ain't married then you shouldn't get benefits thing.
Yeah, I think I agree with you, believe it or not. Maybe I don't fully understand the situation, but this does seem to be a case of a judge "legislating from the bench".
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