Same-sex benefits suit against FedEx can proceed, judge rules

[...] Schuett has gained a legal victory that may be significant to other same-sex couples: A federal judge has ruled that she can sue FedEx for the benefits. The company’s website promotes its “inclusive culture” and support of gay rights, and describes diversity as both “a smart business practice” and “simply the right thing to do.” The two women met at college, worked together at a local feminist publication called Women’s Voices, and found that they shared the same birthday, Oct. 9 — a good sign for a relationship, Schuette said. [...] she said, FedEx had treated us well. [...] the company said its pension benefits did not cover a survivor whose marriage to an employee was not legal when it was performed. In its historic decision one week after the couple’s wedding, the Supreme Court struck down that law and granted federal benefits to same-sex couples. On the same day, the court dismissed an appeal by Prop. 8’s sponsors challenging lower-court rulings that declared the 2008 measure unconstitutional, Since FedEx’s federally regulated pension plan was based on that law, Hamilton said, Schuett can sue the company for allegedly violating her rights under the law. Attorney Amy Whelan of the National Center for Lesbian Rights, one of Schuett’s lawyers, said because the facts of the case are not in dispute, the next step will be to ask Hamilton to find Schuett eligible for a pension without the need for a trial.