Editor's Note :

Editor's Note :

We expect orders from the February 24 conference on Monday at 9:30 a.m. There is a possibility of opinions on Wednesday, March 1.

Brewer v. Diaz

Pending petition
Docket No. Op. Below Argument Opinion Vote Author Term
12-23 9th Cir. TBD TBD TBD TBD TBD
 
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Issue: Whether the Ninth Circuit Court of Appeals ignored this Court’s precedent and erred in holding that Arizona Revised Statutes (A.R.S.) Section 38-651(O) (Section O) violates the Equal Protection Clause by limiting healthcare benefits to state employees’ spouses and dependents – and thus not extending such benefits to state employees’ domestic partners – given that a) Section O is facially neutral and there is no evidence that the Legislature intended to discriminate based on sexual orientation; b) Section O furthers the State’s interests in promoting marriage while also eliminating the additional expense and administrative burdens involved in providing healthcare benefits to state employees’ domestic partners; and c) the court’s reason for finding that Section O discriminates against gay and lesbian state employees was that Arizona prohibits same-sex marriage.

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