Today U.S. 9th Circuit Court of Appeals Judge Stephen Reinhardt ordered compensation for federal public defender Brad Levenson and his spouse, Tony Sears, who were married during the five-month period in California when same-sex marriage was legal but denied spousal benefits by the federal government.
Reinhardt deemed the denial of healthcare and other benefits to be a violation of the Constitution's guarantee of due process and discrimination on the basis of sexual orientation, which is prohibited by California state law.
When the federal government denied Levenson's application for spousal benefits, Levenson appealed, seeking either an independently contracted benefits package for his spouse or payment of the equivalent value of the coverage denied. Reinhardt ordered the latter, based on a "back pay" provision in the law covering federal defense lawyers' employment.
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