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TANNER v. OHSU

9201-00369; CA A94458.

971 P.2d 435 (1998)

157 Or. App. 502

Christine A. TANNER; Barbara J. Limandri; Regenia M. Phillips; Lisa J. Chickadonz; Terrie A. Lyons; and Kathleen A. Grogan, Respondents, v. OREGON HEALTH SCIENCES UNIVERSITY, a Division of the State of Oregon; State Board of Higher Education; a division of the State of Oregon; Executive Department of the State of Oregon; The State of Oregon, and Oregon Health Sciences University, a public corporation, Appellants, and Public Employees' Benefits Board, Appellant.

Court of Appeals of Oregon.

Decided December 9, 1998.

Attorney(s) appearing for the Case

Robert B. Rocklin, Assistant Attorney General, argued the cause for appellants. With him on the briefs were Hardy Myers, Attorney General, and Michael D. Reynolds, Solicitor General.

Carl G. Kiss, argued the cause and filed the brief for respondents.

Lynn-Marie Crider filed a brief amicus curiae for Oregon Public Employees Union, SEIU Local 503, AFL-CIO, CLC.

Lynn R. Nakamoto and Jennifer C. Pizer filed a brief amicus curiae for American Civil Liberties Union Foundation of Oregon, Inc., and Lambda Legal Defense and Education Fund, Inc.

Before LANDAU, Presiding Judge, and DEITS, Chief Judge, and WOLLHEIM, Judge.

LANDAU, P.J.

At issue in this case is the lawfulness of Oregon Health Science University's (OHSU) denial of health and life insurance benefits to the unmarried domestic partners of its homosexual employees. Plaintiffs, who are three lesbian employees of OHSU and their domestic partners, initiated this action for judicial review of State Employees' Benefits Board (SEBB) orders affirming the lawfulness of the denial and for declaratory and injunctive relief. Plaintiffs...

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