Wisconsin Appeals Court Dismisses Domestic Partner Lawsuit But Upholds Gay Rights

A Wisconsin trial court dismisses American Civil Liberties Union (ACLU) lawsuit seeking domestic partner benefits for lesbian and gay state employees but issues lengthy decision reasoning that it is unconstitutional for the state to deny the benefits. On Friday, a Wisconsin trial court dismissed a lawsuit brought by the American Civil Liberties Union 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’s opinion states: “The plaintiffs have offered a strong showing that the employment benefits in issue have been provided on a discriminatory basis. The defendants’ explanations offered for the continuing discrimination against these plaintiffs are unpersuasive and inadequate.” “Losing doesn’t get any better than this,” said Larry Dupuis, Litigation Director of the ACLU. “We 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.” Full Story from Examiner.com - Click Here

Planning to marry your partner? Click here for gay marriage resources.

To subscribe to this blog, just email us at info@purpleunions.com with "subscribe blog" as the subject. You can also now find us on Facebook - just search for Gay Marriage Watch (you'll see our b/w wedding pic overlooking the Ferry Building and Bay Bridge in SF). We're also tweeting daily at http://www.twitter.com/gaymarriagewatc.