Judge: CalPERS can offer long-term care insurance to gay couples

Sacramento Bee ^ | 5/26/12 | Dale Kasler

[SmithL]

In a major case involving gay rights at CalPERS, the nation's largest public pension fund has been ordered to offer its long-term care insurance program to same-sex partners of California workers.

A federal judge in Oakland struck down portions of the federal Defense of Marriage Act that have prevented the California Public Employees' Retirement System from extending the insurance to gay spouses and domestic partners.

In a ruling released Thursday, U.S. District Judge Claudia Wilken said the ban served no "legitimate governmental interest" and was apparently "motivated by anti-gay animus."

[SmithL]

Wilken, Claudia Ann

Born 1949 in Minneapolis, MN

Federal Judicial Service:
Judge, U.S. District Court, Northern District of California
Nominated by William J. Clinton on October 7, 1993, to a new seat authorized by 104 Stat. 5089. Confirmed by the Senate on November 20, 1993, and received commission on November 22, 1993.

U.S. Magistrate, U.S. District Court, Northern District of California, 1983-1993

Education:
Stanford University, B.A., 1971
University of California, Berkeley, Boalt Hall School of Law, J.D., 1975

Professional Career:
Staff attorney, Federal Public Defender's Office, Northern District of California, 1975-1978
Private practice, Berkeley, California, 1978-1984
Adjunct professor, University of California, Boalt Hall School of Law, 1978-1984
Professor, New College School of Law, 1980-1985

[EGPWS]

Didn't California voters vote down rights as a couple for same sex in California a while back?

[bossmechanic]

Believe a liberal judge overturned the legitimate vote of the people on this.

[SmithL]

Didn't California voters vote down rights as a couple for same sex in California a while back?

No. Prop 8 defined marriage as a man and a woman, but same-sex couples have had civil unions, and benefits, for a long time.

The CalPers exclusion was based on the Federal Defense of Marriage Act.

[Drango]

Impeach the fruit!

[olezip]

In a ruling released Thursday, U.S. District Judge Claudia Wilken said the ban served no "legitimate governmental interest" and was apparently "motivated by anti-gay animus."

U.S. District Judge Claudia Wilken INCORRECTLY said the ban served no "legitimate governmental interest" and was apparently "motivated by anti-gay animus." The judge needs to take a look at the actuarial tables of homosexuals compared to the general population. She would see that the cost of long term care would/will be significantly higher for homosexuals. She could get one of her smarter staffers to help her to understand the statistical relationship.

That kind of nonsensical change could increase long term health care costs by 200% for everyone!

You cannot blame Bush and anti-gay animus for everything!

[Iron Munro]

Give them anything they want -

California is already $16 BILLION in debt and after all, it’s only taxpayer money.

It just hasn’t been paid to the state yet.
But the grandkids and great grandkids can do that.

California is leading the way for the rest of the country.

[knarf]

I haven't read it, but I think I know what Mark Levin wrote in "Men In Black"

Apparently, judges are (seemingly) more powerful (only because they are rarely challenged and removed?) than the sovereign people.

Another judge could tell this judge to pound sand and bring it all back as before ... but would he/she?

It's a club of sorts and all of like kind protect to preserve and perpetuate it's kind.

America is headed for blood, I'm afraid.

[freekitty]

They are thinking of every way they can to destroy America. There is no money in CA

[Jacquerie]

Yep. Judicial tyranny.

The blackrobes should fear nothing from a Mittens administration, unless he appoints Newt as Attorney General.