Judge overturns federal ban on coverage for same-sex couples

SACRAMENTO, Calif. – In a major case involving gay rights, , the nation’s largest public pension fund has been ordered to offer its long-term care insurance program to same-sex partners of California workers.

A federal judge in Oakland struck down portions of the federal Defense of Marriage Act that have prevented the California Public Employees’ Retirement System from extending the insurance to gay spouses and domestic partners.

In a ruling released Thursday, U.S. District Judge Claudia Wilken said the ban served no “legitimate governmental interest” and was apparently “motivated by anti-gay animus.”

CalPERS hailed the ruling, saying it had wanted to make the insurance plan available to gay couples but its hands were tied by federal law and regulations. About 160,000 state workers have bought long-term care coverage from the agency.

It’s not clear how soon CalPERS could start offering the insurance to same-sex couples. The Alliance Defense Fund, an Arizona group that opposes gay marriage, said Friday the ruling will surely be appealed. That would keep the existing policy in place for months if not years.

“This will end up at the Supreme Court at some point and we’re confident and hopeful that the law will be upheld,” said Dale Schowengerdt, the group’s legal counsel.

The Bipartisan Legal Advisory Group, an arm of Congress led by Republican House Speaker John Boehner, intervened in the case to defend the existing policy. Lawyers with the group couldn’t be reached for comment.

The ruling is another in a string of recent victories for gay-rights advocates. President Barack Obama ended the military’s “don’t ask, don’t tell” policy last fall, and declared his personal support for gay marriage in early May. Earlier this year, the 9th U.S. Circuit Court of Appeals overturned California’s ban on gay marriage, Proposition 8, although that ruling has been appealed.