A Utah court has
ruled that a state constitutional amendment banning
same-sex marriage and other legal recognition for gay
couples does not bar Salt Lake City from offering
health insurance benefits to the domestic partners of
city employees. The suit was brought by a lesbian
employee of the Salt Lake City Police Department on behalf
of the local branch of the American Federation of
State, County, and Municipal Employees.
"The court
understood correctly that laws banning gay people from
marriage do not in any way bar employers from choosing to
provide domestic-partner benefits," said Margaret
Plane of the the American Civil Liberties Union of
Utah, which filed a friend-of-the-court brief in the
case. "The court recognized that employers have important
reasons for wanting to provide health insurance for
the families of all their employees, and it's within
their rights to do so."
On September 21,
2005, Salt Lake City mayor Rocky Anderson signed an
executive order extending health and other employment
benefits to city employees' same-sex and opposite-sex
domestic partners. The governing body of the agency
that administers health insurance for state and local
government employees, the Utah State Retirement Board, then
filed a petition in state court asking whether Utah's
antigay relationship amendment prohibits the city from
offering health insurance benefits to domestic
partners.
In rejecting this
argument, the court ruled: "The court is aware of no
Utah law of general application to marriage that established
health benefits as a perquisite of marriage. Health
insurance programs, however common, are not required
by law of either public or private employers, but are
established voluntarily (or as the result of bargaining) to
meet market-driven or other perceived needs. In their
essence, employee health benefits are first and
foremost simply a perquisite of employment."
The decision,
which was issued on May 11, is welcome news for Salt Lake
City Police Department employee Dianna Goodliffe, who has a
4-year-old daughter with her partner, Lisa. A little
over a year ago their daughter was diagnosed with
diabetes, making health insurance critical for their
family. The decision will mean that Lisa will now have the
option of working part-time and staying home to care
for their daughter. (The Advocate)