When are health insurance restrictions discriminatory?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
When are health insurance restrictions discriminatory?
My partner and I are unmarried although we have have been together almost 10 years. I am unable to be covered by his companies health insurance even though the health insurance carrier does recognize unmarried hetero couples; however his company does not even though it does recognize same sex couples.
Asked on June 26, 2011 under Personal Injury, Virginia
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 13 years ago | Contributor
Unfortunately, while you could try to bring an equal protection lawsuit, on the ground it is discriminatory to recognize gay unmarried partnerships or unions but not hetrosexual unmarried one, for health insurance purposes, this suit is highly unlikely to bear fruit. In my knowledge, courts universally hold that since hetrosexual couples have the right to be married, they are not actually discriminated against; if they want to rectify the situation and have health coverage (and all the other advantages, including tax advantages, inheritance advantages, the ability to make health care decisions for each other, etc.), all they have to do is get married. Thus, they have a ready-to-hand way to be covered under each other's health care, and there is no discrimination.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.