NJ lesbian couple told they need to have heterosexual sex if they want insurance

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Two New Jersey lesbian couples are suing state officials because they say a state law discriminates against same-sex couples receiving fair insurance coverage for fertility treatments.

At issue is the bizarre stipulation in the law which says along with being diagnosed medically with being infertile, a female, lesbian or not, must have unprotected sex with a man to see if it is possible for him to inseminate her. Then, and only then, the lawsuit alleges, is it then possible for the female to receive insurance from the state.

Marianne and Erin Krupa, who are legally married, say they have had to deal with the pain of six past miscarriages since 2003 and have paid over $50,000 in cash for fertility treatments which did not work. Krupa told a local television station, “Right away, we were told that without having sexual intercourse, we would not be covered.”

The problem for New Jersey stems from their state laws which have not been updated to accommodate same-sex couples despite same-sex marriage being legal nationwide. The Department of Banking and Insurance is named in the lawsuit as it is their job to update the language of these archaic laws. At this time only California and Maryland have taken the step to update their laws to include same-sex couples, which means New Jersey will not be alone in having to field lawsuits like this when laws prevent tax-paying citizens from receiving the medical care they both need and deserve.

Discrimination has long been codified into legal language, and hopefully this lawsuit will be a wake-up call to all states that members of the LGBT community will not be silenced and will flex their rights if they are forced to do so.

 

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