Workers Can Sue US, Calif. Over Same-Sex Benefits

Law360, New York (January 20, 2011, 5:25 PM EST) -- A federal judge has ruled that a putative class of California state employees and their same-sex spouses have grounds to sue state and federal agencies that are blocking access to long-term care insurance from the California Public Employees' Retirement System.

The federal government failed in its attempts to show that Section 3 of Defense of Marriage Act — which limits marriage to opposite-sex couples and by extension blocks the employees' spouses' participation in a state-sponsored insurance program — protects legitimate government interests, Judge Claudia Wilken of...
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