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Aug 6th, 2008 Google Bookmarks Technorati StumbleUpon Digg! Reddit Delicious Facebook
Posted by Matt Faiella, NYCLU at 10:48am

NYCLU Sues Insurance Company for Denying Coverage to Married Lesbian Couple

The New York Civil Liberties Union recently filed a lawsuit against Blue Cross & Blue Shield of Western New York on behalf of a married lesbian couple who were denied spousal health care coverage by the insurance company. While the insurance company provides spousal health care coverage for the different-sex spouses of employees at a school district, it refused to do so for the same-sex spouses of school district employees. This means that our clients, who have been together for over ten years and have a one-year-old daughter, must live without the security of having full family health insurance. One of the parents in the family has been categorically excluded from eligibility for the plan.

In our complaint, we argue that the insurance company’s refusal to grant coverage to the lesbian couple constitutes both a breach of the insurance company’s contract with the school district and employees of the district, as well as discrimination under the state’s anti-discrimination law, which protects people from being discriminated against because of their sexual orientation. This case builds upon a case the NYCLU won in February called Martinez v. County of Monroe, which holds that same-sex couples’ valid, out-of-state marriages must be recognized in New York and an employer’s failure to grant equal spousal benefits to a married same-sex couple constitutes unlawful sexual orientation discrimination under the state’s anti-discrimination law.

I’m proud that the NYCLU advocates on behalf of families to ensure they are able to protect themselves with things like spousal health insurance coverage. I’m saddened, however, that we must perform this kind of advocacy. Employer-sponsored health care plans play a crucial role in protecting families. Yet homophobia has blocked this coverage in my state and others. Loving families pay the price. It’s a shame these issues require litigation. Fairness and common sense should be sufficient to ensure all families receive the protection of health insurance.

I hope that, at a minimum, our lawsuit against Blue Cross & Blue Shield of Western New York puts other insurers on notice that homophobia cannot guide their decisions on whether to provide families protections as vital as health care coverage. I also hope that our case and similar cases will help all Americans understand that protecting families—whether gay or straight—makes us all safer and more secure.

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7 Responses to "NYCLU Sues Insurance Company for Denying Coverage to Married Lesbian Couple"

  1. Nancy in NYC Says:

    Go get 'em, Matt!

  2. P.Bennett Says:

    If you want something to fight. Look at colorofchange.org about the LeVana Johnson story. Not trying to take prayer out of the military. This worlds true foundation. The word of God, and our desperate need for prayer by this country.

  3. ConservativeUSA Says:

    I didn't realize that New York recongized gay marriage. In fact I'm sure that they don't. So therefore that insurance company doesn't have to give them the same coverage as married couples. They mean normal couples. Like Harry and Sally are married, not Nancy and Suzie or Bob and Greg.
    For God's sake stop trying to sue everything that moves!
    The ACLU is the reason that we can't survive as a nation. We are all going to be destroyed by these nitwits.

  4. Jack Says:

    Hey, ACLU my girlfriend lost her job because she wasnt gay but a hick. Does that mean you will help her win her case? I doubt it .

  5. Jack Says:

    ACLU I have another for you, my company will give gays health care but wont give me and my girlfriend health care will you take our case?

  6. NotSoConservativeUSA Says:

    Conservative: While you may not have realized New York recognized same-sex marriages and you are sure it does not, turns out it does recognize marriages performed in other states or countries! Sorry for the bad news... http://www.nyclu.org/node/1821

  7. Common Sense Says:

    Our health care cost is though the roof.

    One reason is the proliferation of AIDS and the HIV virus. We are spending millions of taxpayers dollars to try and prevent the spread of this disease.

    Just imagine if Greg and Bob weren't sticking their penis's in some dude's ass.

    Or Sally and Suzie weren't getting some penis on the side from Greg or Bob.

    Do you think these same sex loving individuals WOULDN"T be spreading the AIDS virus and Joe Taxpayer wouldn't have to be spending millions of dollars on a disease that is proliferated by some dude sticking his penis where it don't belong!

    The ACLU is an enabler of crime, disease and pedophilia.

    Yes Matt, you and your ilk are enabling the spread of disease, crime and pedophilia. You Matt, are part of the reason a young boy name James Curly died at the hands of an organization you and your ACLU protect. You Matt are a problem!

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