New York Same-Sex Couples Sue City for In Vitro Fertilization Benefits

NEW YORK - This week, a same-sex couple launched a historic class-action lawsuit demanding that New York City's health program pay for the exorbitant costs of in vitro fertilization they would have to undergo to become biological parents. Attorneys representing Corey Briskin and Nicholas Maggipinto point out that when Briskin becomes an assistant district attorney in Manhattan in 2021, he is being deprived of the same in vitro fertilization benefits that New York City provides to female city employees and male city employees with female partners.

The couple is calling on New York City to offer in vitro fertilization benefits to gay and lesbian city employees. Briskin and Majipinto say they have dreamed of having their own children for years. Although they have found a surrogate mother, each in vitro fertilization (IVF) pregnancy can cost tens of thousands of dollars because as a gay couple, they are not eligible for insurance under the city's health plan.

Faced with this situation, Briskin and Majipinto decided to sue the City of New York for discrimination. Briskin said, "What we're fighting for is equality in the context of human rights." Majipinto said, "This city gives people who can afford to be parents the right to choose, but that doesn't include gay men and lesbians."

In response, a City Hall spokesperson sent a statement to New York's Columbia Broadcasting Company, "Gov. Adams is proud to support the rights of LGBTQ+ New Yorkers to access the health care they need. The city has been at the forefront of providing in vitro fertilization treatments to any city employee with proven infertility or a family member covered by the city's health plan, regardless of the circumstances the city will review the details of the complaint."

Responding to this, Majestic said, "It is misleading at best to say that benefits will be provided regardless of sexual orientation if we are ineligible from the outset. It's not a barrier, it's a complete barrier to entry."

Despite the challenges, this couple remains optimistic. They've received letters from others in the same situation, as well as from people who gave up years ago. Briskin said, "It's depressing to think that there are families that could have been built, but weren't." The couple says if everything had gone according to their plan, their child would be 8 years old by now.

This lawsuit is not just about a couple's struggle, it's about equality, inclusion, and recognizing the rights of the LGBTQ+ community. New York City's handling of this case will serve as a model for other cities dealing with similar issues in the future.