Hinman

In this appeal we consider whether the denial of dental benefit coverage to unmarried partners of homosexual state employees unlawfully discriminates against the employees and violates either the equal protection clause of the California Constitution or an executive order prohibiting employment discrimination based on sexual orientation in state government. Plaintiffs Hinman and Advocates for Gay and Lesbian State Employees (Advocates) claim the State Employees’ Dental Care Act (Gov. Code, § 22950, et seq.) 1 and the interpretation given it by the Department of Personnel Administration (DPA) to qualify dependent members of employees’ families necessarily excludes same-sex partners from enrollment in the state dental plan. Because they may not marry same-sex partners, plaintiffs claim DPA’s classification of family members, particularly spouses, is based not solely on marital status, but also on sexual orientation. Accordingly, they assert strict scrutiny of that classification is required, because classifications based on sexual orientation should be viewed as “suspect.”

*520 We do not view the Dental Care Act or its interpretation by DPA as establishing any…

I concur in the result.

Plaintiffs claim that the dental care plans for state employees unlawfully discriminate against the unmarried “family” partners of homosexual state employees by denying them benefits. The plans do not facially single out homosexuals since they exclude from benefits all but the families of married employees. Manifestly, this class is not restricted to homosexuals. It includes, for example, the unmarried “family” partners of heterosexual state employees. But, the plaintiffs respond, heterosexuals can gain entry to the favored class by getting married, a legal relationship denied homosexuals. That makes marriage the essence of the matter. It also compels the result, for Norman v. Unemployment Ins. Appeals Bd. (1983) 34 Cal.3d 1 [ 192 Cal.Rptr. 134 , 663 P.2d 904 ] constitutionally sanctions the state’s right to single out the marriage relationship for benefits. Nothing more need be said.

A petition for a rehearing was denied May 23, 1985, and appellants’ petition for review by the Supreme Court was denied August 15, 1985. Bird, C. J., and Grodin, J., were of the opinion that the petition should be granted.

In this appeal we consider whether the denial of dental benefit coverage to unmarried partners of homosexual state employees unlawfully discriminates against the employees and violates either the equal protection clause of the California Constitution or an executive order prohibiting employment discrimination based on sexual orientation in state government. Plaintiffs Hinman and Advocates for Gay and Lesbian State Employees (Advocates) claim the State Employees' Dental Care Act (Gov. Code, § 22950, et seq.) [1] and the interpretation given it by the Department of Personnel Administration (DPA) to qualify dependent members of employees' families necessarily excludes same-sex partners from enrollment in the state dental plan. Because they may not marry same-sex partners, plaintiffs claim DPA's classification of family members, particularly spouses, is based not solely on marital status, but also on sexual orientation. Accordingly, they assert strict scrutiny of that classification is required, because classifications based on sexual orientation should be viewed as "suspect."

We do not view the Dental Care Act or its interpretation by DPA as establishing any…