On May 16, 2019, the U.S. Court of Appeals for the Ninth Circuit issued a decision in favor of David Reed, reversing a lower court decision finding that the KRON/IBEW Local 45 Pension Plan did not have to provide him with spousal survivor benefit, even though David was the registered domestic partner of a former KRON4 employee, Donald Gardner. David is represented by Renaker Hasselman Scott LLP and the National Center for Lesbian Rights.
The plan argued that the Defense of Marriage Act (DOMA) foreclosed it from recognizing David as Donald’s spouse, and the district court granted judgment in its favor.
The Ninth Circuit reversed the district court, holding that “[t]he Committee abused its discretion by denying benefits to Reed. During either time the Committee evaluated the Plan’s benefits in this case—in 2009 or in 2016—California law afforded domestic partners the same rights, protections, and benefits as those granted to spouses.”
Read the press release
Read the Ninth Circuit decision