A gay couple in Los Angeles that was denied spousal benefits by the federal government has found relief thanks to a decision made in the 9th circuit court of appeals. The two men, Brad Levenson and Tony Sears, were married in July of 2008, during the five month period that gay marriage was legal in California. Levenson, who works as a federal public defender, was surprised and offended that the government would not recognize his marriage. The Office of Personell Management denied his application though, citing the 1996 Defense of Marriage Act, which states that the federal government will not recognize same sex marriage for the purpose of government benefits.
Levenson appealed, requesting either the benefits package or payment of the value of the package. Judge Reinhardt heard the trial and upheld Levenson’s right to the later, declaring the denial of benefits to violate the constitution’s promise of due process and the California state law banning discrimination based on sexual orientation.
“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.”
San Francisco family attorneys see this as a positive sign about a growing acceptance of gay marriage and equal rights in America. As more and more cases of this nature enter the court system, the discrimination against same sex couples is expected to decrease.
To read more about the court decision, see the article in the LA Times. Image Via Poldavo (Alex) [Flickr].
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