New York Same-Sex Couple Sues City, Alleges Rights Violation for Denying In Vitro Fertilization Benefits

BROOKLYN, N.Y. - A same-sex male couple from Williamsburg, Brooklyn, Corey Briskin and Nicholas Maggipinto, recently filed a class action lawsuit against the City of New York alleging that the city's denial of their benefits of in-vitro fertilization, which The lawsuit alleges that the city's denial of in vitro fertilization benefits violates their civil and constitutional rights.

The couple married in 2016 and plan to expand their family through in vitro fertilization (IVF) technology and surrogate motherhood. Majipinto said they had been married for eight years and had no barriers to having children right away. However, their plans were put on hold when they were unable to obtain IVF coverage under New York City's health care program.

The couple's attorney, Peter Romer-Friedman, pointed out that New York City's health care program defines infertility as having sexual intercourse for up to 12 months without pregnancy, but that this policy effectively requires that the gender be between male and female, which is clearly unfair to same-sex couples.Romer-Friedman argued that this practice constitutes discrimination on the basis of sexual orientation. Romer-Friedman argues that this practice constitutes discrimination on the basis of sexual orientation.

Briskin and Majipinto are covered under the city's health care program as Manhattan's assistant district attorneys from 2017 through 2022. They continue to have health coverage under the Omnibus Budget Reconciliation Act even if Briskin leaves.

In response, a city spokesperson stated that New York City has been a leader in providing in vitro fertilization treatments to all city employees with evidence of infertility or dependents covered by the city's health plan, regardless of gender identity or sexual orientation. However, the couple emphasized that they were seeking IVF coverage, not surrogate motherhood benefits.

The lawsuit was filed after the couple filed a charge of discrimination with the Equal Employment Opportunity Commission in 2022. The American Society for Reproductive Medicine updated its definition of infertility last year to include anyone who needs medical assistance to become pregnant, which includes members of the LGBTQ+ community.

This lawsuit highlights the challenges faced by same-sex couples regarding reproductive rights and calls for fairer, more inclusive health care policies to ensure equal reproductive opportunities for all.