Lawsuit claims New York City's IVF policy discriminates against gay men

A couple has filed a lawsuit against the City of New York, alleging its fertility treatment policy discriminates against gay men.

The male same-sex couple's class action lawsuit claims that the city's healthcare plan excludes gay and single men from IVF benefits available to straight and lesbian couples and single women. Under the plan, city employees are eligible for infertility benefits covering the cost of IVF. However, infertility is defined as the inability to conceived a child after 12 months of unprotected heterosexual sex, or through intrauterine insemination. This effectively prohibits men without a female partner from applying.

The couple's lawyer, Peter Romer-Friedman, said: 'in our view, the city offered no legitimate, legal or factual explanation for treating [the couple] differently than other couples who get IVF benefits'.

The suit was brought by Corey Briskin, a former New York district attorney, and his husband Nicholas Maggipinto. Briskin left his role in March 2022, however, he is still covered under the city's plan under federal law, which allows employees to receive full healthcare coverage from their former employer's plan for up to three years, providing their full premium is paid.

In court documents, they argue that the city's position advances 'sex-and sexual orientation-based stereotypes that gay male couples and single gay men are not fit to be parents, while single women, women in different-sex or same-sex relationships, and men in different-sex relationships are'.

They suggest that access to treatment should be based on the American Society of Reproductive Medicine's revised definition of infertility, which characterises infertility as 'a disease, condition or status' which 'requires medical intervention – including donor gametes'. This definition would encompass gay men (see BioNews 1223).

The lawsuit argues the city's current policy violates Title VII of the Civil Rights Act of 1964, the equal protection and due process clauses of the 14th Amendment, as well as New York state and New York City human rights laws.

A spokesperson for the city government told NBC that the complaint was under review. They further commented that the city 'has been a leader in offering IVF treatments for any city employee or dependent covered by the city's health plan who has shown proof of infertility, regardless of gender identity or sexual orientation'.

The couple had previously filed a charge of discrimination with the Equal Employment Opportunity Commission in April 2022.