found the statute did not meet the "more searching" form of rational basis review that is required "when a classification adversely affects unpopular groups" and a state may not provide health care "in an arbitrary or discriminatory manner that adversely affects particular groups that may be unpopular." It found that the District Court rightly rejected the state's principal justification, the impact on state expenditures, since "the savings depend upon distinguishing between homosexual and heterosexual employees, similarly situated". On April 3, 2012, the Ninth Circuit denied the defendant's request for en banc review. On July 2 the state filed a petition for a writ of certiorari asking the U.S. Supreme Court to review the case, which the Supreme Court denied on June 27, 2013. Further proceedings On December 23, 2013, at the plaintiffs' request and with the support of the defendants, the District Court certified the suit as a class action, expanding the beneficiaries of a decision for the plaintiffs to include all gay and lesbian state employees. References External links Court Filings at Justia Lambda Legal: Diaz v. Brewer 2010 in United States case law United States Court of Appeals for the Ninth Circuit cases United States same-sex union case law LGBT in Arizona 2010 in Arizona 2010 in LGBT history