Judge Won't Toss Same-Sex Couples' CalPERS Insurance Case

Law360, New York (January 27, 2012, 5:43 PM EST) -- A California federal judge on Thursday refused to toss a class action by state employees over federal tax provisions that exclude same-sex spouses and domestic partners from long-term care insurance coverage by the California Public Employees' Retirement System.

In rejecting the federal defendants' September motion to dismiss, U.S. District Judge Claudia Wilken rejected their arguments that such provisions of the Internal Revenue Code did not violate the constitutional rights of plaintiffs and their domestic partners to equal protection and due process.

“We’re very pleased with the...
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