I would like to cover my fiance under my current health plan but my company says I can’t yet they allow same sex coverage, is that legal?

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I would like to cover my fiance under my current health plan but my company says I can’t yet they allow same sex coverage, is that legal?

The same sexes are not even married if there is such a legal thing.

Asked on August 4, 2010 under Insurance Law, Wisconsin

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

You should speak with an employment law attorney for a more definitive answer, taking into account the most recent law and court decisions in your state, but the short answer is that, unfair as this seems, it is legal and it's not uncommon--in fact, it's pretty much the rule. The thinking is this: heterosexual couples have the option of getting married, so restricting family coverage to married heterosexual couples is fair, and also in accordance with all the other laws (e.g. inheritance; making health care decisions) that also give rights to married partners that unmarried ones do not.  Heterosexuals who want the advantages of marriage should get married.

However, same sex couples do not have that option of getting married, so in order to give them health coverage, its necessary to allow them to have it while unmarried (though often, there is some standard or evidence they must meet to show it's a sufficiently committed relationship).

One possibility: even if you want to do a formal ceremony and/or a big reception later, you could get married in a civil ceremony now, at which point you provide your now-spouse with coverage.


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