Bob Egelko, Chronicle Staff Writer

Thursday, August 20, 2009

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(08-20) 14:25 PDT SAN FRANCISCO — A California law allowing heirs of victims of the Armenian genocide to sue in state courts for unpaid insurance benefits is unconstitutional because it conflicts with U.S. foreign policy, a federal appeals court ruled Thursday.

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The law contradicts past presidents’ opposition to describing Turkey’s slaughter of as many as 1.5 million Armenians as a genocide, the Ninth U.S. Circuit Court of Appeals in San Francisco said in a 2-1 ruling.

The same panel struck down another California law Wednesday allowing owners of art stolen by the Nazis to sue for recovery of their possessions until the end of 2010.

The court ruled that both laws intruded into the federal government’s exclusive authority over foreign affairs. State and federal courts have also have invalidated California laws that would have allowed suits over Holocaust-era insurance benefits and slave labor during World War II.

“The federal government has made a conscious decision not to apply the politically charged label of ‘genocide’ to the deaths of these Armenians during World War I,” said Judge David Thompson, who wrote the majority opinions in both Wednesday’s and Thursday’s rulings. “Whether or not California agrees with this decision, it may not contradict it.”

The case decided Thursday was brought by a Southern California man of Armenian descent whose class-action suit accused insurance companies of failing to pay benefits on their policies.

His lawyer said he would ask the full appeals court for a rehearing.

The attorney, Brian Kabateck, said there was no conflict between the state law and federal policy. About 40 states have passed resolutions recognizing the Armenian genocide, with no public objections by the U.S. or Turkish governments, he said.

Neil Soltman, lawyer for one of the insurance companies in the case, said the ruling was consistent with past decisions overturning “efforts by California to adopt legislation which interferes with one or another aspect of the national government’s foreign policy.”

The law, passed in 2000, refers to mass killings, death marches and other abuses of Armenians in the Ottoman Empire from 1915 to 1923 as the Armenian genocide, a description that most historians also accept. The measure allows victims’ descendants to sue insurers doing business in California for unpaid benefits until the end of 2010.

The court said national policy on the issue was defined by Presidents Bill Clinton and George W. Bush, who opposed congressional resolutions that described the killings as a genocide. The presidents’ warnings that any such measure would damage U.S. relations with Turkey persuaded House leaders to drop the resolutions without a floor vote three times, the court said.

President Obama said during his campaign that the nation deserves “a leader who speaks truthfully about the Armenian genocide.” But he refrained from using the term during a trip to Turkey in April. His administration has not taken a position in the court case.

E-mail Bob Egelko at [email protected].

Yeghern 8/20/2009 4:53:29 PM Since when are States forbidden to deal with genocide issues?Lets close down museums and change school curriculums for fear of offending the Turkish ambassador who wrote to the US Federal Judges telling them to stay out of genocide!Devastating decision for US justice.. Recommend:    (1) (3)[Report Abuse] Permalink

purkel 8/20/2009 4:33:48 PM The USA should not overlook any evidence of ethnic cleansing or genocide. Shame on Clinton and Bush. Recommend:    (3) (3)[Report Abuse] Permalink

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