national
Judge to feds: She’s our employee, stay out of it
Says government cannot refuse benefits to lawyer’s same-sex spouse
Published Thursday, 03-Dec-2009 in issue 1145
SAN FRANCISCO (AP) – For the second time in two days, a federal judge has ruled that the government can’t refuse to authorize health coverage for the same-sex spouse of a court employee.
Ninth U.S. Circuit Court of Appeals Chief Judge Alex Kozinski said Nov. 19 that the U.S. Office of Personnel Management had no right to prevent Karen Golinski from enrolling her wife in her employer-sponsored health plan. Golinski is a staff lawyer at the court’s San Francisco headquarters.
Earlier this year, Kozinski ruled that Golinski was entitled to full spousal benefits because the 9th Circuit has a policy prohibiting discrimination against gay workers.
But the personnel office subsequently directed her insurance carrier to not add Golinski’s wife to her insurance, citing the 1996 law that prohibits the government from recognizing same-sex unions, known as the Defense of Marriage Act. That move was an inappropriate breach of the separation of powers that makes the judiciary independent of the executive branch, the judge said in his order.
“The Office of Personnel Management shall cease at once its interference with the jurisdiction of this tribunal,” Kozinski wrote. “Specifically, OPM shall not advise Ms. Golinski’s health plan ... that providing coverage for Ms. Golinski’s wife violates DOMA or any other federal law.”
A spokesman said it was too soon for the personnel office to comment on the judge’s order.
Along with ordering OPM to back off, Kozinski said Golinski must be reimbursed for what she has paid already to provide separate insurance for her wife.
Kozinski handed down his order the day after 9th Circuit Judge Stephen Reinhardt ruled that a federal public defender in California can have his husband’s health care costs covered by the courts until he is allowed to add his spouse to his government-sponsored health plan.
Although the twin orders apply only to those two court employees, Congress is considering a bill that would extend health and retirement benefits to the same-sex spouses and domestic partners of government employees. It passed a House of Representatives Committee on Wednesday and is headed to a full House floor vote.
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