The state is headed back to court on the issue of gay rights. At issue is whether Arizona can refuse to provide benefits to the partners of its gay employees that are given to those who are married.
The state denies the law is discrimination based on sexual preference since it bans the benefits for all domestic partners. Borelli says that ignores the fact straight employees can get the benefits by getting married, and gays cannot.
“The state is saying with one hand, oh, you have to be married to get these benefits, but with the other hand, oh you can't get married, you people over here,” said Tara Borelli of Lamda Legal.
Governor Brewer, who signed the law killing the benefits, called the denial a budgetary matter, saying it was a place the state could cut costs. Borelli said whatever the cost the state cannot balance the budget with discriminatory laws.