Brewer v. Diaz

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.