Otsego County Abandons Health Care Policy that Unlawfully Excluded Same-Sex Couples

Responding to opposition led by the New York Civil Liberties Union, Otsego County has abandoned revisions to its employee health care policy that unlawfully excluded from coverage couples who are lesbian and gay.

The Otsego County Board of Representatives voted unanimously on Aug. 20 to nullify the revisions, which the county treasurer had enacted unilaterally in July. The NYCLU informed the county that the revised policy violated state law, which requires state and local government to recognize valid marriages of same-sex couples performed outside New York State and prohibits discrimination based on sexual orientation.

“We applaud the county representatives for their decision to nullify these unlawful policy changes,” said Donna Lieberman, NYCLU executive director. “The NYCLU is deeply devoted to ensuring that lesbian and gay people receive the health care coverage they need to protect themselves and their families. Everyone deserves fair and equal treatment under the law.”

Working with local advocates, the NYCLU organized a vocal opposition to the revised health care policy. Several advocates spoke against the revised policy at the county board meeting. They also read aloud a letter written by NYCLU staff attorneys Matt Faiella and Palyn Hung explaining why the revised policy was illegal.

“County residents concerned with this anti-LGBT amendment contacted us immediately to find out the law and how they could help restore a sense of fairness in the county,” Faiella said. “Many county residents were reassured to know the law rests on the side of fairness, and they immediately stepped up against anti-LGBT bias, volunteering to read the NYCLU’s letter and testify against the amendment.”

In February, the NYCLU achieved a landmark legal victory in Martinez v. County of Monroe, in which an appeals court unanimously ruled that New York State must recognize the valid out-of-state marriages of lesbian and gay couples.

Following up that victory, the NYCLU sued Blue Cross & Blue Shield of Western New York for denying spousal health care benefits to a validly married lesbian couple in the Buffalo area. The insurance company subsequently announced that would begin covering married gay and lesbian couples.