Brewer v. DiazPetition for certiorari denied on June 27, 2013
|Docket No.||Op. Below||Argument||Opinion||Vote||Author||Term|
|12-23||9th Cir.||N/A||N/A||N/A||N/A||OT 2012|
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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