In a groundbreaking move, a gay couple has filed a class action lawsuit against New York City alleging discrimination in the city's health insurance plan. Corey Briskin and Nicholas Maggipinto argue that the plan's exclusion of in vitro fertilization (IVF) coverage for male couples is discriminatory, as it provides accommodations for heterosexual and lesbian couples, as well as single women.

The couple began discussing starting a family in 2014 and planned to undergo a two-part process involving IVF and surrogacy. However, Briskin discovered in 2017 that the city's health plan does not cover IVF benefits for gay men. Despite leaving his job in 2022, Briskin is still covered under the plan through COBRA, a federal law that allows the continuation of health care coverage.

Briskin and Maggipinto initially filed a discrimination charge with the Equal Employment Opportunity Commission (EEOC) in hope of prompting the city to change its policy. However, the city responded with a statement arguing that IVF benefits are not provided to surrogates, despite the couple never seeking benefits for a surrogate. This prompted the couple to pursue legal action.

The lawsuit, led by attorneys Peter Romer-Friedman and David Lopez, asserts that the city's exclusion of gay men from IVF benefits violates various laws, including Title VII of the Civil Rights Act of 1964, the equal protection and due process clauses of the 14th Amendment, and New York state and New York City human rights laws. The suit contends that by defining "infertility" in an exclusionary manner, the city denies equal treatment to gay male employees seeking to have biological children.

The couple has already embarked on their journey to parenthood, both emotionally and financially. They have received donated embryos for transfer to a surrogate and have paid approximately $80,000 so far. However, the expenses continue to mount, with another $9,000 medical bill for IVF-related medications recently received. The estimated total cost for IVF and surrogacy is projected to be around $265,000.

Amid their fight for equality, the couple has received support from many, who express disbelief that such a struggle persists in New York City in 2024. However, they have also faced critics who argue that their financial means make them exempt from needing IVF benefits. Maggipinto emphasizes that their fight is not about money but rather about achieving true policy change.

Since filing their EEOC charge, the lawsuit has gained momentum, with 10 New York City council members introducing a bill to offer IVF benefits to city employees regardless of the city's definition of "infertility." Additionally, two federal courts have ruled that excluding same-sex couples, including lesbian couples, from IVF benefits may violate federal nondiscrimination laws.

Currently, only seven states, including New York, require IVF benefits to include same-sex couples. However, efforts are being made to rectify this disparity and ensure equal access to IVF coverage for all couples.

As the lawsuit progresses, the city will review the details of the complaint. The outcome of this landmark case could have significant implications for LGBTQ+ individuals and the fight for equal access to reproductive rights.