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DIAZ v. BREWER

No. 10-16797.

656 F.3d 1008 (2011)

Joseph R. DIAZ; Judith McDaniel; Keith B. Humphrey; Beverly Seckinger; Stephen Russell; Deanna Pfleger; Carrie Sperling; Leslie Kemp; Corey Seemiller, Plaintiffs-Appellees, v. Janice K. BREWER, in her official capacity as Governor of the State of Arizona; David Raber, in his official capacity as Interim Director of the Arizona Department of Administration and Personnel Board; Kathy Peckardt, in her official capacity as Director of Human Resources for the Arizona Department of Administration and Personnel Board, Defendants-Appellants.

United States Court of Appeals, Ninth Circuit.

Filed September 6, 2011.

Attorney(s) appearing for the Case

Tara L. Borelli , Los Angeles, CA, for plaintiffs-appellees Joseph R. Diaz, et al.

Charles A. Grube , Deputy State Attorney General, Phoenix, AZ, for defendants-appellants Janice K. Brewer, et al.

Before: MARY M. SCHROEDER and SIDNEY R. THOMAS, Circuit Judges, and MARK W. BENNETT, District Judge.

OPINION

SCHROEDER, Circuit Judge:

The State of Arizona appeals the district court's order granting a preliminary injunction to prevent a state law from taking effect that would have terminated eligibility for health-care benefits of state employees' same-sex partners. In a published opinion, the district court found that the plaintiffs demonstrated a likelihood of success on the merits, because they showed that the law adversely affected a classification...

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