Arizona Governor Jan Brewer (R) has requested that the Supreme Court overturn a ruling that allows state employees to keep their same-sex partners on their benefits, including health insurance.
Brewer filed a petition for a writ of certiorari on July 2, requesting that the high court overturn the United States Court of Appeals for the Ninth Circuit's September 2011 ruling in Diaz vs. Brewer. The pushback comes three months after the Ninth Circuit denied a request by Arizona state lawyers to re-hear the case with an 11-judge panel.
Last September, the Ninth Circuit's ruling prevented Arizona from implementing a law that would have barred state employees' same-sex partners from remaining on their health plans. The ruling affirmed a lower court's decision to place a preliminary injunction on the law.
The San Francisco Chronicle reported at the time:
The 3-0 ruling upheld a federal judge's injunction against a law that was signed by Arizona Gov. Jan Brewer in 2009 and was scheduled to take effect [in 2011]. Brewer's predecessor, Janet Napolitano, had authorized health benefits for state employees' domestic partners in April 2008 before leaving to become President Obama's Homeland Security secretary.
"The district court found that the plaintiffs demonstrated a likelihood of success on the merits, because they showed that the law adversely affected a classification of employees on the basis of sexual orientation, and did not further any of the state’s claimed justifiable interests," read the opinion.
In the initial complaint, the nine plaintiffs -- all state employees in same-sex domestic partnerships -- stated that if enacted, the loss of health coverage for their partners would cause "serious financial and emotional harm." The Ninth Circuit affirmed this complaint, acknowledging that there was a high likelihood of "irreparable harm" if the law were to go into effect.
As Chris Geidner notes, the Diaz plaintiffs have until August 6 to respond to Brewer's latest petition.
A statement on The Official Microsoft Blog titled "Marriage Equality in Washington State Would Be Good for Business" <a href="http://www.huffingtonpost.com/2012/01/21/microsoft-gay-marriage_n_1220800.html" target="_hplink">reads in part</a>: Marriage equality in Washington would put employers here on an equal footing with employers in the six other states that already recognize the committed relationships of same-sex couples - Connecticut, Iowa, Massachusetts, New Hampshire, New York and Vermont. This in turn will help us continue to compete for talent.
In late January Nike was among the 6 companies -- including Microsoft -- <a href="http://la.gopride.com/news/article.cfm/articleid/25521849/microsoft-nike-endorse-gay-marriage-in-washington" target="_hplink">who endorsed an effort to make Washington the seventh state to legalize gay marriage</a>. In a letter to Governor Chris Gregoire, the companies wrote: "We write you today to show the support of our respective companies for SB 6239 and HB 2516 recognizing marriage equality for same-sex couples." Washington state-based Vulcan, RealNetworks, Group Health Cooperative and Concur also signed the letter.
"Amazon is joining other Pacific Northwest companies, including Microsoft, Starbucks and Nike, in support of Washington state's marriage equality bills," <a href="http://seattletimes.nwsource.com/html/businesstechnology/2017392956_amazon02.html" target="_hplink">Amazon said in a statement released</a> in early February by spokeswoman Mary Osako. "The spirit of these bills is consistent with our longstanding employment practices."
In 2008 Levi Strauss & Company filed an amicus brief with the California Supreme Court explaining the economic advantages of gay marriage. <a href="http://www.nytimes.com/2009/05/27/business/media/27adco.html" target="_hplink">The New York Times notes</a> that the label "also signed on to sponsor a programming block on Logo, the gay cable channel owned by MTV Networks, and developed a marketing partnership with "Milk," the Focus Features movie about Harvey Milk, the gay civil rights leader."
<a href="http://www.americanapparel.net/legalizegay/" target="_hplink">From the company's website</a>: <blockquote>American Apparel believes that sexuality should be celebrated, not condemned. When California voters passed Prop 8 in 2008, we let our community know we would support whatever stand they wanted to take. American Apparel believes in freedom, expression and equality, things that are inherently condemned in the prohibition of gay marriage. After printing a few hundred Legalize Gay t-shirts for a rally near our factory in downtown Los Angeles, the company received thousands of requests from people all over the world who asked for us to expand it. With many of our employees and customers identifying as gay, lesbian, bisexual or transgendered, we are a company that is vocal about our support for the protection of gay rights. Scores of our employees were on the frontlines of protests in cities across America, handing out hundreds of Legalize Gay t-shirts to supporters, and putting them in our store windows in protest of violence against gays and discriminatory court decisions. We also had a lot of fun at PRIDE rallies and celebrations. We've since given away over 50,000 of these shirts, run protest advertisements nationwide and even partnered with HRC for their enormous march on Washington.</blockquote>
In 2008 the company donated $100,000 in an effort to help defeat California's Proposition 8. <a href="http://news.cnet.com/8301-13579_3-10074793-37.html" target="_hplink">A message on Apple's "Hot News" site read in part:</a> <blockquote>"Apple was among the first California companies to offer equal rights and benefits to our employees' same-sex partners, and we strongly believe that a person's fundamental rights -- including the right to marry -- should not be affected by their sexual orientation. Apple views this as a civil rights issue, rather than just a political issue, and is therefore speaking out publicly against Proposition 8."</blockquote>
In 2008 Google <a href="http://googleblog.blogspot.com/2008/09/our-position-on-californias-no-on-8.html" target="_hplink">came out against Prop 8</a> with the following statement on their official blog: <blockquote>"As an Internet company, Google is an active participant in policy debates surrounding information access, technology and energy. Because our company has a great diversity of people and opinions -- Democrats and Republicans, conservatives and liberals, all religions and no religion, straight and gay -- we do not generally take a position on issues outside of our field, especially not social issues. So when Proposition 8 appeared on the California ballot, it was an unlikely question for Google to take an official company position on. However, while there are many objections to this proposition -- further government encroachment on personal lives, ambiguously written text -- it is the chilling and discriminatory effect of the proposition on many of our employees that brings Google to publicly oppose Proposition 8. While we respect the strongly-held beliefs that people have on both sides of this argument, we see this fundamentally as an issue of equality. We hope that California voters will vote no on Proposition 8 -- we should not eliminate anyone's fundamental rights, whatever their sexuality, to marry the person they love."</blockquote>
The home improvement super store drew the ire of anti-gay activists when it came out in support of gay rights -- including gay marriage. <a href="http://action.afa.net/item.aspx?id=2147496231" target="_hplink">The American Family Association called for a boycott</a> of the company in June, but Home Depot has remained committed to the cause. In October Home Depot spokesman Steve Holmes released a statement regarding the AFA boycott <a href="http://srph.it/noJrgo" target="_hplink">which read in part</a>, "Our response on this has been and continues to be that we respect the diversity of all people and maintain an inclusive culture."
The department store recently came under fire from The American Family Association for releasing a catalog featuring an image of two grooms perched atop a wedding cake. Macy's <a href="http://thinkprogress.org/lgbt/2012/02/01/416297/macys-under-attack-for-catalogue-cover-featuring-same-sex-couple-atop-wedding-cake/" target="_hplink">responded to the AFA saying</a>: "Macy's proudly serves a large and diverse marketplace, including customers with a wide range of needs and preferences. We strive to embrace customers of all ethnic backgrounds, ages, races, faith traditions, genders and lifestyles through the products we sell and the content of our marketing."
Lloyd Blankfein, CEO Of Goldman Sachs
Earlier this year Goldman Sachs CEO Lloyd Blankfein asked viewers to join a "majority of Americans who support marriage equality" in a video for the Human Rights Campaign (HRC), a national lesbian, gay, bisexual and transgender (LGBT) advocacy group. "America's corporations learned long ago that equality is just good business and it's the right thing to do," Blankfein says in the new video.