The Case Of The Missing Insurance

Here's a fun story. A woman who works for the federal government sued for the right to have her wife covered by her employer's health insurance program. Arguing that denying her partner insurance meant that she was not getting equal pay for equal work because the costs of buying private insurance for her gal was astronomically higher than what her heterosexual co-workers paid to have their spouses covered under the company insurance program, a federal judge ORDERED the federal government to cover the plaintiff's wife.

So, you know, a Federal Judge comes along and makes a ruling against the Obama Administration, who of course follows that ruling as is required by law, right? Well, no, not really. Instead, the Administration tells Blue Cross/Blue Shield to not process the claim and then makes this quaint claim that they are not allowed to cover the woman because of DOMA. BUT A FEDERAL JUDGE TOLD YOU THAT YOU CANNOT DENY THIS WOMAN BENEFITS!!

*Ahem* Excuse me a moment, just need to … recover here…

Anyway, John Berry, who is the head of the Office of Personnel Management, or the VP of HR of the Federal Government so-to-speak, was questioned about this decision of the Obama Administration at the Gay and Lesbian Leadership Institute (hosted by the Victory Fund). Oh, did I mention that Berry is also the highest ranking openly 'mo member of the Administration? Yeah, that's a bit relevant. Anyway, here's his adorable response:

She was looking at this, and both her and the Justice Department, and Matt's here from the Justice Department, concluded that basically neither I nor the president have the authority to do this. Which is why Congresswoman Baldwin's legislation is so essential. And why the administration is inaudible on behalf of it it and is helping work with her to get it done. Because it will give me the authority to do it and as soon as we get it, the president will signed it we'll do it.

Now the judge has ordered me to go ahead and do it. And the lawyers are, you know, finding out what what we can do or not and they're going to tell me what I can do. And if the Justice Department says we can pay it, I'd be happy to pay it. If I can't, I can't.

To sum up, he won't because he can't. But he can, because he was ordered to by a GD FEDERAL JUDGE! Which means someone above him is telling him he's not allowed to. Hmmm…. Wonder who would have the authority, or at least perceived authority, to block a federal judge's ruling? I'll give you one guess, and it's that guy that's made lots of promises to the gays and has done his best so far to not live up to as few of them as possible...