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Compensation for Gay Couple – “Mr. President we voted for you to lead and now we expect YOU to be the one to lead us to equality.

YES -YOU – CAN Posted by melanie Nathan: Judge orders compensation for gay couple denied benefits (LA Times Report) by Carol J. Williams:-  
While recognizing  the status quo of federal government rejection of gay marriage under the Defense of Marriage Act,  federal judge of U.S. 9th Circuit Court of Appeals,  Judge Stephen Reinhardt today ordered compensation for a Los Angeles couple denied spousal benefits by the federal government because they are gay men; and deemed the denial of health-care and other benefits to the spouse of federal public defender Brad Levenson to be a violation of the Constitution’s guarantee of due process and discrimination on the basis of sexual orientation, which is prohibited by California state law.

Levenson married his longtime partner, Tony Sears, on July 12, 2008, during the five-month period when same-sex marriagewas legal in California. A ballot measure. Reinhardt, who is the federal judge responsible for resolving employee disputes in the Federal Public Defenders office within the 9th Circuit, had earlier ordered the Administrative Office of the U.S. Courts to process Levenson’s application for spousal benefits for Sears. The federal government’s Office of Personnel Management stepped in to derail the enrollment, however, citing the 1996 Defense of Marriage Act that prohibits the recognition of same-sex marriage for the purpose of federal benefits or programs.

Levenson appealed, seeking either an independently contracted benefits package for his spouse or payment of the equivalent value of the coverage denied. Reinhardt ordered the latter, based on a “back pay” provision in the law covering federal defense lawyers’ employment.  “Considering that the federal government won’t give Tony the equal benefits package of other spouses, we are very pleased with this decision,” said Levenson. “Is it equal treatment? No. Is it a good remedy? Yes. And we are appreciative of the judge’s order.”

The men have been keeping track of the costs of separate insurance  and estimate the back pay and future compensation will amount to thousands of dollars each year.  The judge’s order is expected to resolve the injustice Reinhardt has cited in previous orders in Levenson’s case.  Several other challenges by those denied federal benefits, like filing joint tax returns, are making their way slowly through the federal courts.

The Obama administration has spoken out against what it sees as a discriminatory policy toward gay spouses of federal employees but Atty. Gen. Eric Holder has also said his office is obliged to defend the practice as long as the Defense of Marriage Act remains law. 

Comments Melanie Nathan:- When I wrote to President Obama about Holder’s pursuit I received the following (probably generic) email which was signed with the President’s name.

“Thank you for sharing your thoughts with me.  I appreciate your perspective. Every American deserves equal protection under our laws, and neither Federal nor state law should discriminate against any American.  The issue of Lesbian, Gay, Bisexual, and Transgender (LGBT) rights has all too often been used to divide our country.  We must treat all of our citizens with dignity and respect, and stand united in our protection of equality–a founding principle of our Nation and a moral imperative. 
      
I continue to oppose a Constitutional ban on same-sex marriage and support the repeal of the Defense of Marriage Act.  We must also extend the over 1,100 Federal marital rights and benefits to same-sex couples, because every American should be able to visit a loved one in the hospital, transfer property, and receive equal health insurance and other employment benefits.  
     
My Administration is committed to addressing a full spectrum of issues important to the LGBT community.  We can reduce
discrimination by strengthening hate crimes statutes; supporting the Employment Non-Discrimination Act; ensuring adoption rights for all couples and individuals, regardless of their sexual orientation; and opposing discrimination in public accommodations.  To combat HIV/AIDS, we need policies that support people living with this illness and increased funding for prevention, care, and research.  I also support repealing the current Don’t Ask, Don’t Tell policy in a sensible way that strengthens our Armed Forces and our national security.  Please join me online to learn more about my civil rights  agenda at:  www.whitehouse.gov/agenda/civil_rights.     Together, we can create a more open and tolerant society that protects and values all people.  Thank you again for writing.  To be a part of our agenda for change, join us at www.WhiteHouse.gov 

Sincerely,

Barack Obama“

Mr. President – our families cannot wait any longer. Our binationals are being turned away at the airports, even as I write these words.  Just a few days ago a same-sex couple came home and  dispite having a  same-sex valid marriage and visa, the foreign partner was turned away at the airport and sent back to a country where he has no work, at the command of one ICE official given arbitrary power belying his age and qualifications.

If you cannot effect change immediatley, you must create a moratorium on all the unconscienable results of the inequitous laws that plague our lives; you MUST make what you yourself term civil rights your number one priority issue.  What could be more important than ALL Americans being treated the same way.   Is that not why we fight abroad.  What is the point of fighting on foreign soils and losing our soldiers while you continue to fail  your own at home when it comes to basic fairness and human rights. You must provide full civil rights to all your own citizens.

Do something now. Our LGBT leadership is disjointed and fragmented and we cannot expect our non-profits to take the helm in the face of this fragmentation.  Mr. president we voted for you to be our leader and now we expect YOU to be the ONE to lead us to equality. Please spare us your generic words and your purported civil rights agenda – you must come up with something to end all this – the Repeal of DOMA should be first on your list.  You must lead us to equality because you can;  ”YES YOU CAN”

Thank you Sir, for listening.

Article  Melanie Nathan. nathan@privatecourts.com; www.oblogdeeoblogda.wordpress.com www.visualcv.com/melnathan ;
Picture by Refael Nathan-Israel, 4 years old – taken at kid level of fridge magnets