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Legal Update: Federal Judge in Gay and Lesbian State Employee Case Hears Motion for Summary Judgment
Attorneys from Legal Aid Society–Employment Law Center argued cross-motions for summary judgment in Dragovich v. CalPERS on Thursday, April 26, 2012. The motions were heard by Judge Claudia Wilken, United States District Court for the Northern District of California.
The case raises constitutional claims of gay and lesbian state workers who, together with their same-sex spouses or registered domestic partners, are denied equal access to California’s Long-Term Care Program. The lawsuit challenges the federal Defense of Marriage Act (DOMA) and a provision of the Internal Revenue Code that excludes gay and lesbian state employees from purchasing state-sponsored long term care benefits for their spouses or domestic partners in violation of the equal protection and due process clauses of the 5th and 14th Amendments to the United States Constitution.
The Court previously rejected the federal Defendants’ motion to dismiss the claims.