Oregon Court Upholds Health Benefits for Partners of Gay Employees

A state appeals court last month ruled that three lesbian workers at Oregon Health Sciences University were entitled to health benefits for their partners. The ruling is being described as a "milestone" that may give more rights to gay employees.

The decision stemmed from a 1992 lawsuit filed by Christine A. Tanner, Barbara J. Limandri, and Regenia M. Phillips. Ms. Tanner and Ms. Limandri are faculty members in nursing and Ms. Phillips is a supervisor in pharmacy services.

The three women were each involved in long-term relationships, owning homes with their partners and, in the case of Ms. Tanner and her partner, rearing children together. Still, the university had said that the women’s partners were not eligible for coverage under the state health plan because it excluded benefits for unmarried domestic partners.

The decision by a unanimous three-judge panel upheld a 1996 lower-court ruling that found that while the university had not intended to discriminate against homosexuals, its policies had that "undeniable effect."

Writing for the panel, Judge Jack L. Landau said that the university's argument – that its health plan was the same for all married couples, regardless of their sexuality – "misses the point." He explained, "Homosexual couples may not marry. Accordingly, the benefits are not made available on equal terms." The court’s decision said that gays and lesbians are entitled to constitutional protection from discrimination on the basis of their sexual orientation. The court further held that the state statute prohibiting sex discrimination covers sexual orientation – the first appellate court in the country to make such a ruling, said Carl G. Kiss, the lawyer for the plaintiffs.

Kristen Grainger, executive assistant to Oregon's Attorney General, Hardy Myers, noted that even before the appellate court had ruled, Oregon had voluntarily begun providing health benefits to the domestic partners of public employees. In 1995, the university became a private entity, and it now also provides health coverage to employees' domestic partners. The university has said it will not appeal.