Federal Judge Denies Government Motion to Dismiss in Defense of Marriage Act Case

Today, the U.S. District Court for the Northern District of California rejected the federal government’s request to dismiss the constitutional claims of gay and lesbian state workers who, together with their registered domestic partners, are excluded from equal access to California’s Long-Term Care Program.

Judge Claudia Wilken issued the ruling in Dragovich v. CalPERS, a class action lawsuit challenging federal and state laws including the Defense of Marriage Act (DOMA) which regulate state-sponsored long-term care plans. These laws permit employees and an array of family members to join such plans, including opposite-sex spouses, but exclude the spouses and registered domestic partners of gay and lesbian workers.

“Registering as domestic partners is the only legal status currently available to gay and lesbian couples in California,” said Claudia Center of Legal Aid Society–Employment Law Center. “These couples have agreed to take on all of the obligations of marriage, and are entitled to fair and equal treatment from the federal government.”

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