Discriminatory Infertility Treatment in New Jersey

New York Times (Aug. 9, 2016): Four Lesbians, Suing, Say New Jersey Rule on Fertility Treatment is Discriminatory, by Megan Jula:

Couples who need infertility treatment to have children often do not have the resources to pay for it. Insurance is an important resource for filling the gap between the cost of treatment and a couple’s finances.  Some states have laws that require insurers to provide coverage for some infertility treatment.  By and large, though, the mandates cover only those who can demonstrate failure to conceive after two years of unprotected heterosexual intercourse.  This leaves gay and lesbian couples without mandated coverage.

Two lesbian couples in New Jersey have sued the state, “claiming the mandate discriminates against their sexual orientation—essentially forcing infertile lesbian couples to pay for costly procedures to try to become pregnant.” They seek to recover the cost of their treatments, including artificial insemination and in vitro fertilization. 

California and Maryland’s mandates have been updated to require fertility coverage without regard to sexual orientation.