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In the Matter of Levenson

560 F.3d 1145 (2009)

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In the Matter of Levenson

United States Court of Appeals for the Ninth Circuit, Judicial Council
560 F.3d 1145 (2009)

Facts

Brad Levenson (plaintiff) was an employee in the Office of the Federal Public Defender for the Central District of California (FPD). In 2008, Levenson married Tony Sears under California law, and requested that Sears—as his husband—be added as a family-member beneficiary for health benefits Levenson received as a federal employee. The request was denied on the grounds that the federal government did not recognize same-sex marriage even when the marriage was recognized by a state. Because Levenson was an employee of a federal court, his marriage to Sears was not recognized for the purpose of federal benefits. Levenson filed a complaint with the FPD, contending that this denial of benefits violated the Ninth Circuit’s Employment Dispute Resolution Plan, which expressly prohibited discrimination on the basis of sex and sexual orientation. The Judicial Council of the Ninth Circuit heard the complaint.

Rule of Law

Issue

Holding and Reasoning (Reinhardt, J.)

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