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12-23_Cert_Petition

12-23_Cert_Petition

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Published by Equality Case Files
Brewer v. Diaz - Arizona's cert petition filed July 2, 2012
Brewer v. Diaz - Arizona's cert petition filed July 2, 2012

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Published by: Equality Case Files on Jul 10, 2012
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09/06/2012

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No. _________
================================================================
In The
Supreme Court of the United States
---------------------------------
---------------------------------JANICE K. BREWER, in her official capacity as Governorof the State of Arizona; SCOTT SMITH, in his officialcapacity as Director of the Arizona Department of  Administration; KATHY PECKARDT, in her officialcapacity as Assistant Director of Human Resourcesfor the Arizona Department of Administration,
 Petitioners,
vs.JOSEPH R. DIAZ; KEITH B. HUMPHREY;BEVERLY SECKINGER; STEPHEN RUSSELL;DEANNA PFLEGER; CARRIE SPERLING;LESLIE KEMP; COREY SEEMILLER,
 Respondents.
---------------------------------
---------------------------------
On Petition For A Writ Of CertiorariTo The United States Court Of AppealsFor The Ninth Circuit
---------------------------------
---------------------------------
PETITION FOR WRIT OF CERTIORARI
---------------------------------
---------------------------------T
HOMAS
C. H
ORNE
  Attorney General of ArizonaP
 AULA
S. B
ICKETT
 Chief Counsel, Civil Appeals
Counsel of Record
 ATHLEEN
P. S
WEENEY
  Assistant Attorney GeneralC
HARLES
A. G
RUBE
 Senior Agency Counsel1275 W. WashingtonPhoenix, Arizona 85007-1296(602) 542-3333(602) 542-8308 (fax)paula.bickett@azag.gov
Counsel for Petitioners
================================================================
COCKLE LAW BRIEF PRINTING CO. (800) 225-6964OR CALL COLLECT (402) 342-2831
EQCF #1 Docket 12-23 Filed 07/02/2012
 
i
QUESTION PRESENTED
 Did the court of appeals ignore this Court’s prec-edent and err in holding that Arizona Revised Stat-utes (A.R.S.) Section 38-651(O) (Section O) violatesthe Equal Protection Clause by limiting healthcarebenefits to state employees’ spouses and dependents –and thus not extending such benefits to state employ-ees’ domestic partners – given that a) Section O isfacially neutral and there is no evidence that theLegislature intended to discriminate based on sexualorientation; b) Section O furthers the State’s interestsin promoting marriage while also eliminating theadditional expense and administrative burdensinvolved in providing healthcare benefits to stateemployees’ domestic partners; and c) the court’sreason for finding that Section O discriminatesagainst gay and lesbian state employees was that Arizona prohibits same-sex marriage?
 
ii
PARTIES TO THE PROCEEDING
 Petitioners, who were the Defendants-Appellantsbelow, are Janice K. Brewer, in her official capacityas Governor of the State of Arizona, and KathyPeckardt, in her official capacity as Assistant Directorof Human Resources for the Arizona Departmentof Administration. Scott Smith, in his official capacityas Director of the Arizona Department of Adminis-tration, is also a Petitioner who is substituted forDefendant-Appellant David Raber under SupremeCourt Rule 35(3).Respondents, who were Plaintiffs-Appellees be-low, are Joseph R. Diaz, Keith B. Humphrey, BeverlySeckinger, Stephen Russell, Deanna Pfleger, CarrieSperling, Leslie Kemp, and Corey Seemiller. JudithMcDaniel was a Plaintiff below, but she is no longera state employee and the issue is therefore moot asto her. (Pet. App. 17a n.1.)

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