TEXAS: Federal Judge Upholds El Paso's Ban On Domestic Partner Benefits

In November 2010, El Paso's Pastor Tom Brown organized a ballot referendum banning the city from offering domestic partners benefits. Only after the measure passed did the city realize that it was so broadly written, it would also ban benefits for retired cops and firefighters. Nevertheless, yesterday a federal judge upheld the ban.

The ordinance forcing the city of El Paso to "uphold traditional family values" will stand, and elected officials, retirees, affiliated service contractors, domestic partners of employees and certain dependent children will be left out, ruled a federal judge. "This is an example of how direct democracy can have unexpected consequences," wrote Federal Judge Frank Montalvo quoting James Madison. The plaintiffs who filed the lawsuit included city employees, domestic partners of city employees, retirees and even elected officials.

They wanted the ordinance struck on two grounds. They alleged it prevented them from obtaining health insurance, thus violating the contract they had with the insurance company, and that they were denied equal protection under the law, meaning, they were singled out for discrimination. "We keep hearing from the critics that the ordinance that the people passed was unconstitutional, well, we now have a federal judge that says this is completely constitutional," Tom Brown said. He is the leader of El Pasoans for Traditional Family Values and was the man behind the movement to deny benefits. "What more does city council need?"

(Tipped by JMG reader Melissa)