Federal Agency Denies Benefits to Spouse of Lesbian Employee

In late November I posted about the White House's order to the Office of Personnel Management to defy a 9th Circuit Court of Appeals judge's order to provide health benefits to the spouse of a lesbian employee.

Today, Kerry Eleveld reports:

"The Office of Personnel Management has concluded that it does not have the legal authority to provide benefits to the spouse of Karen Golinski, a staff attorney who works at the U.S. court of appeals for the ninth circuit in San Francisco...OPM attorneys consulted with the Department of Justice on this case, and the key to the case, according to the OPM official, was that Kozinski was presiding over an administrative proceeding that’s an internal employee grievance procedure — he was not serving in his official capacity as a ninth circuit judge. 'It’s important to understand that Judge Kozinski was acting as an administrative official in this matter, reacting to the concerns of an employee of the judiciary,' reads OPM’s statement official statement. 'He was not acting as a federal judge in a court case.' Based on that distinction, DOJ concluded that Kozinski’s order was not legally binding. If it were legally binding, OPM would have been faced with either appealing the decision or complying with the order."

They have a full statement from Elaine Kaplan, OPM General Counsel here.

Americablog goes off:

Funny, but that's the judge's job to decide, not some Obama appointee. You don't get to just decide that a judge doesn't have the authority to order you what to do. If you don't like it, you appeal. You don't just ignore it, a la George Bush. Even weird, the administration is now claiming that DOMA precludes them from following the judge's order.

Uh, would that be the same DOMA that candidate Obama called "abhorrent" during the campaign. The same DOMA that Obama promised to repeal. Yeah, not so much anymore. There's no plan to touch DOMA at all now. At least until Obama is re-elected, if he's re-elected. So now, yet again, we're told that because the President is refusing to follow through on his promise on DOMA, he can't do anything else for us because of DOMA.

Of course, it's interesting to note that DOMA came up during the review of this case, and the judge said DOMA wasn't even relevant. So now we have the Obama administration doing over the head of a judge to say that DOMA precludes them from doing something when the judge say it most certainly does not.

We reported this morning that Newsweek says Obama won't do anything on gay issues next year. Perhaps that's not entirely true. I have a hunch he's going to find the time to take a few more slaps at us, and then some.

White House OPM Chief John Berry Asked About Defiance of Court Order in Gay Spouse Health Benefits Case

In late November I posted about the White House's order to the Office of Personnel Management to defy a 9th Circuit Court of Appeals judge's order to provide health benefits to the spouse of a lesbian employee. At the International Gay and Lesbian Leadership Conference over the weekend, the openly gay head of that agency, John Berry, was asked to explain his position in that case. Berry says neither he nor Obama have the authority to follow the court order.

Watch, AFTER THE JUMP...

Baldwin, Polis, and Berry: Hope for ENDA and DADT Vote in 2010

Rep. Tammy Baldwin and Jared Polis expressed optimism over the weekend at the 2009 International Gay & Lesbian Leadership Conference in San Francisco regarding pending gay rights legislation:

Speaking to an international conference of gay politicians in San Francisco, U.S. Reps. Tammy Baldwin, D-Wis., and Jared Polis, D-Colo., said they expect a domestic partner benefits bill to come up for a vote by the end of the year and the employment bill to reach the floor early in 2010.

The lawmakers said they are also confident that the House will include in the annual military spending bill next year a provision to repeal the law that bans gays from serving in the U.S. military. All the measures face a harder time in the Senate following the death of longtime ally Sen. Edward Kennedy, but Baldwin and Polis said they remained optimistic.

"I'm hopeful we will see those three pieces of legislation make it all the way, or damn close," said Baldwin, who is sponsoring the federal worker domestic partner bill.

Office of Personnel Management director John Berry, the Obama administration's highest ranking gay appointee, told the conference that the president strongly supports the trio of gay rights measures.

Including transgender workers as part of the legislation to ban job discrimination and lifting the "don't ask, don't tell" ban on gay service members may especially meet opposition in Congress, Berry said. But he said that with a Democrat in the White House and Democratic majorities controlling the House and the Senate, victories were "within our grasp."

They also said that pressure on Obama should be eased: "Although gay activists have criticized President Barack Obama for not moving more quickly on their concerns, both Polis and Baldwin said the pressure should be directed at Congress because the president can not act alone."

Americablog has some questions for them...

News: Susan Boyle, Sharon Lubinski, Aretha Franklin, Scott McCoy

Gays aren't the only group that feels Obama is ignoring them.

It ain't a Warhol.

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Will gay troops get to testify openly about "Don't Ask, Don't Tell"?

Governor Paterson on reintroduction of marriage equality bill: "I won't reintroduce the issue unless I see substantial change in the position of the legislators. People don't want to go down on a losing ship and unless they're sure the votes are there, they're not going to vote that way," he said. "If I saw some change next year, I would introduce it."

Michelangelo Signorile talks to lead attorney in "bombshell" White House OPM health benefits case.

2010 Grammy nominations announced.

Senate Judiciary Committee unanimously approves nomination of first lesbian U.S. Marshal Sharon Lubinski.

UK teen gets four years in prison for trying to kill gay man: "The court heard the teenager went to 47-year-old Brian Monan’s home in Workington after setting up a meeting through an internet gay chat room. After having sex he turned on six gas taps in the kitchen and left the house. He returned to the house and tried to stab Mr Monan in the chest with a bread knife."

Susan Boyle smashes chart records with debut CD.

Rex Wockner interviews blogger Joe Jervis of Joe.My.God.

Openly gay Utah lawmaker Scott McCoy resigning from Senate: "If I want to be a partner in my law firm, I need to be a full-time lawyer and not a part-time lawyer and part-time legislator."

Marc Jacobs and Lorenzo Martone have reportedly closed on a west village townhouse: "Designer Marc Jacobs (above) and his hot boyfriend Lorenzo Martone closed yesterday on their townhouse at Superior Ink in the Village, for which they paid $10.4 million and bought as a "white box" of empty space, reports The Post's Jennifer Gould Keil. The Bethune Street townhouse has nearly 4,400 square feet and comes with a private elevator, rear terrace and yard and a roof terrace, and connects to the garage for ultimate privacy."

Find the artist.

Adam Lambert talks about meeting Madonna.

Stuck Mars Rover makes key discovery: "Sulfates are minerals just beneath the surface that shout to us that they were formed in steam vents, since steam has sulfur in it. Steam is associated with hydrothermal activity – evidence of water-charged explosive volcanism. Such areas could have once supported life. And most amazingly, the boundary between the sulfate-rich soil and the soil with just the generic concentration of sulfates runs right down the middle of the stranded rover. Spirit is lodged on the edge of a crater -- sitting astride the boundary!"

Fort Worth withholds names of witnesses to June 28 raid on Rainbow Lounge.

Lady Gaga on her album covers: "My album covers are not sexual at all, which was an issue at my record label. I fought for months, and I cried at meetings. They didn’t think the photos were commercial enough.The last thing a young woman needs is another picture of a sexy pop star writhing in sand, covered in grease, touching herself.”

Defying Judge's Order, White House Instructs Personnel Agency to Obstruct Health Benefits to Spouse of Lesbian Employee

Back in February I posted about a ruling by a 9th Circuit Court of Appeals judge regarding the offering of health benefits to the spouse of a lesbian employee in a decision it appeared would directly challenge DOMA.

Michelangelo Signorile points out some troubling activity on this case which was just written up in TIME:

"...it was actually going to happen until the White House, through the Office of Personnel Management -- headed by openly gay appointee, John Berry -- refused to comply and directed the health insurance carrier of the employee not to proceed [all bold below is mine]:

The order was not published, and garnered little or no notice at the time. The Administrative Office of the U.S. Courts moved to comply with the judge's ruling, submitting [federal employee] Golinski's insurance form to Blue Cross Blue Shield, and the case would have probably gone away — had the Obama Administration not stepped in. "After the AO submitted Ms. Golinski's form, I thought this matter had concluded," [Judge] Kozinski wrote. "The Executive Branch, acting through the Office of Personnel Management, thought otherwise. It directed the insurance carrier not to process Ms. Golinski's form 2809, thwarting the relief I had ordered. I must now decide what further steps are necessary to protect Ms. Golinski and the integrity of the Judiciary's EDR [employee dispute resolution] plans."

Now Judge Kozinkski has ordered that OPM stop interfering, demanding last week that the Obama administration comply with his order.

The White House has a month to respond: "[Judge Kozinski's] order last week demanded that the executive branch reverse course, and gave the Administration 30 days to enroll Golinski's wife as her health-insurance beneficiary. He made clear that if it doesn't, he's ready to use the powers of his court to enforce his decree."

And the sadder "personnel" irony here, Signorile notes, is that the OPM is headed by John Berry, the highest-ranking gay official in the Obama administration:

"...the Office of Personnel Management was ordered by the White House to refuse to give a lesbian federal employees her court-ordered rights. John Berry, as head of that office, was thus apparently forced as an openly gay man to deny another gay person, and the LGBT movement itself, of rights, even in the face or a court order. Is this how openly gay appointees must operate within the Obama administration -- not as advocates on behalf of civil rights but rather as lackeys charged with blocking equal rights for their own kind?"

California Judge Challenging Obama on Gay Rights [time]
Did Highest-Ranking Gay Official Thwart Equal Rights? [signorile]

House Panel Advances Domestic Partners Act for Federal Employees

The Domestic Partners Benefits and Obligations Act, authored by Rep. Tammy Baldwin (D-WI) advanced yesterday in the House Oversight and Government Reform Committee, the Washington Post reports:

"After sometimes heated debate, the 23 to 12 vote in the Oversight and Government Reform Committee broke down along party lines, with the victorious Democrats arguing that the measure is a matter of fairness and equality. Republicans opposed it because, among other things, they said it would undermine the concept that marriage should be between a man and a woman...Under the legislation, same-sex partners would be able to share the workers' benefits, including those covering health insurance, retirement and disability. The employee would have to sign an affidavit certifying that the relationship meets certain standards in the measure that define domestic partnership."

Said Baldwin: “Today’s actions mark another significant step in our march toward LGBT equality. Our movement is gaining momentum around the country and Congress is following the will of the people.  Today is a day to celebrate yet another milestone and recognize anew that ‘the arc of the moral universe is long, but it bends toward justice.’”

U.S. Office of Personnel Management Director John Berry also lauded the bill's passage: “I want to commend the Committee for approving the Domestic Partnership Benefits Act. This is an essential recruitment tool as we seek the best and the brightest to tackle the many challenges America faces. This is a positive step that helps the federal government to better compete with other employers for top talent.  President Obama has stated clearly that this is an issue of equality.  But just as important, youth today, LGBT or not, see this benefit as a litmus test for determining high quality employers. The Administration looks forward to continuing its work with lawmakers as the House and the Senate move toward enactment of this bill.”