(DOWNLOAD) "In Re Marriage of Linden L. and Errol Kent Fuller. Linden L. Fuller" by Second Appellate District, Division Seven Court of Appeal of California " eBook PDF Kindle ePub Free
eBook details
- Title: In Re Marriage of Linden L. and Errol Kent Fuller. Linden L. Fuller
- Author : Second Appellate District, Division Seven Court of Appeal of California
- Release Date : January 23, 1985
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 77 KB
Description
In this appeal we consider whether the denial of dental benefit coverage to unmarried partners of homosexual state employees unlawfully discriminates against the employees and violates either the equal protection clause of the California Constitution or an executive order prohibiting employment discrimination based on sexual orientation in state government. Plaintiffs Hinman and Advocates for Gay and Lesbian State Employees (Advocates) claim the State Employees Dental Care Act (Gov. Code, § 22950, et seq.) and the interpretation given it by the Department of Personnel Administration (DPA) to qualify dependent members of employees families necessarily excludes same-sex partners from enrollment in the state dental plan. Because they may not marry same-sex partners, plaintiffs claim DPAs classification of family members, particularly spouses, is based not solely on marital status, but also on sexual orientation. Accordingly, they assert strict scrutiny of that classification is required, because classifications based on sexual orientation should be viewed as "suspect."