Petition of the day
The petition of the day is:
Brewer v. Diaz
Issue(s): Whether the Ninth Circuit Court of Appeals ignored this Court’s precedent and erred in holding that Arizona Revised Statutes (A.R.S.) Section 38-651(O) (Section O) violates the Equal Protection Clause by limiting healthcare benefits to state employees’ spouses and dependents – and thus not extending such benefits to state employees’ domestic partners – given that a) Section O is facially neutral and there is no evidence that the Legislature intended to discriminate based on sexual orientation; b) Section O furthers the State’s interests in promoting marriage while also eliminating the additional expense and administrative burdens involved in providing healthcare benefits to state employees’ domestic partners; and c) the court’s reason for finding that Section O discriminates against gay and lesbian state employees was that Arizona prohibits same-sex marriage.
Certiorari stage documents:
Recommended Citation: Ben Cheng, Petition of the day, SCOTUSblog (Sep. 12, 2012, 11:14 PM), http://www.scotusblog.com/2012/09/petition-of-the-day-333/