Gay Couple Sues NYC for Equal In Vitro Fertilization Benefits

In New York City, a legal battle over gender equality and reproductive rights is underway. A gay couple, former New York City Assistant District Attorney Corey Briskin and his husband, Nicholas Maggipinto, filed a class action lawsuit against New York City on Thursday, challenging the city's health care program for sex discrimination in the provision of in vitro fertilization (IVF) benefits.

The lawsuit exposes a deep-seated problem: the "glaring exclusion" of gay and lesbian employees and their partners from access to IVF benefits under New York City's health care program, which are open to heterosexual employees, single women, and lesbian women. The couple and their legal team, Peter Romer-Friedman Law PLLC, are arguing that this is the first class action lawsuit to require an employer to provide IVF benefits to gay and lesbian employees, provided those benefits are also provided to other employees.

The success of this lawsuit is not only significant for Mr. and Mrs. Briskin and Majipinto, but it may also set a precedent for gay and lesbian couples across the country when it comes to maternity benefits. Peter Romer-Friedman (D-N.Y.) said their goal is to change the entire legal landscape to ensure that gay men are never excluded from IVF.

The lawsuit argues that New York City's definition of "infertility," which excludes gay and lesbian couples, only takes into account the inability to conceive through sexual intercourse or intrauterine insemination (IUI). This outdated definition deprives hundreds of thousands of city employees of access to IVF and family-building benefits, and forces same-sex couples to face the high cost of fertility treatments.

Briskin and Majipinto have been hoping to expand their family through IVF since 2017, but have been rejected by New York City. Their lawsuit not only challenges this discriminatory behavior, but also seeks to provide equal access to fertility treatments for same-sex couples.

A New York City spokesperson said the city will review the details of the complaint and emphasized that the Adams administration supports the rights of LGBTQ+ New Yorkers to get the health care they need. However, Briskin and Majipinto's fight highlights a broader issue: gender and sexual orientation continue to be a source of unfair treatment when it comes to reproductive rights and healthcare benefits.

As this lawsuit progresses, it represents not only a challenge to New York City's policies, but also an important pushback against the unequal treatment of the LGBTQ+ community in terms of reproductive support nationwide. Briskin and Majipinto's courage and perseverance may lead to more equality and possibilities for future queer couples as they pursue their dreams of a family.