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Upheld in Court |
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Compiled by GayToday 
San Francisco, California--In a unanimous decision that Lambda Legal
Defense and Education Fund said could help advance domestic partner
benefits around the country, a federal appeals court on Thursday upheld key
parts of San Francisco's landmark Equal Benefits Ordinance that requires
city contractors to extend benefits to their unmarried employees.
In S.D. Myers v. San Francisco, the Ninth Circuit Court of Appeals rejected the arguments of a contractor that wanted to do business with San Francisco, yet refused to offer domestic partnership benefits to its unmarried employees. The Court stated that cities have a legitimate interest in enacting these laws and refusing to contract with businesses that discriminate against unmarried families, gay and non-gay alike. Additionally, the Court found that there is no undue economic burden placed upon contractors by requiring that they provide domestic partnership benefits. Lambda joined with the American Civil Liberties Union of Northern California and the ACLU Lesbian and Gay Rights Project to provide amicus support to the city at the trial level and on appeal. San Francisco was the first local government to stop granting contracts to companies with benefit plans that discriminate against unmarried employees, including lesbians and gay men. S.D. Myers, an Ohio-based company whose owners describe themselves as Christian fundamentalists, sued San Francisco because the company believes it should not have to obey laws that conflict with its owners' religious beliefs. Senior Staff Attorney Jennifer C. Pizer of Lambda's Western Regional Office said: "This decision gives a seal of approval to all municipalities like San Francisco that want their tax dollars spent on companies that treat fairly all their employees who have families."
Since its creation in 1997, the ordinance has spurred thousands of companies and municipalities to offer domestic partnership benefits. From the 'Big Three' automakers to Pacbell/SBC, Chevron, J.P. Morgan and the San Francisco 49ers, companies nationwide are offering family benefits to their unmarried employees; and Seattle, Los Angeles, Berkeley, and San Mateo County have since adopted San Francisco-style legislation for their contracts. Florida's Broward County has taken similar steps. Lambda is still waiting for a decision from the Ninth Circuit Court of Appeals in Air Transport Association v. San Francisco, which also challenges San Francisco's EBO and raises different federal issues. In addition, one last legal issue remains to be addressed by the district court in the S.D. Myers case. In 1999, U.S. District Court Judge Claudia Wilken dismissed the entire S.D. Myers case, brought by televangelist Pat Robertson's American Center for Law and Justice, which asserted that the EBO violates the Commerce Clause, federal due process guarantees, and the California Constitution. S.D. Myers appealed immediately and argued before the Ninth Circuit last November. S.D. Myers v. San Francisco, No. 97-04463 CW |
