Obama Administration: Insurers Cannot Discriminate Against Gay Couples

In what is good news for many same sex couples, the Obama administration has issued a directive that insurers are prohibited from discriminating against same-sex marriages for the purposes of non-grandfathered family coverage.  The rule applies even in non-marriage equality states, such as Virginia.  Even with improvements under the Affordable Health Care Act, securing health insurance remains difficult for many and being able to go on one's partner/spouse's coverage is for many the most practical route.  Yet some insurance carriers have baulked at adding partner/spouse to family coverage.  The Washington Blade looks at this welcome development.  Here are highlights:

The Obama administration clarified on Friday that insurers are prohibited from discriminating against same-sex marriages for the purposes of non-grandfathered family coverage — even if applicants are applying in non-marriage equality states.

In guidance dated March 14, the Centers for Medicare & Medicaid says existing provisions in the health care reform law prohibiting discrimination by insurers on the basis of gender — which the Obama administration has interpreted to extend non-discrimination protections based on sexual orientation and gender identity — also requires insurers not to refuse family coverage for married same-sex couples.

Alicia Hartinger, a CMS spokesperson, said the guidance spells out that non-discrimination is the rule for insurers — both on and off the health insurance exchanges — when selling policies.

“CMS recognizes the importance of all Americans and their families having access to quality, affordable coverage,” Hartinger said. “Today’s guidance clarifies that issuers may not choose to treat same-sex spouses differently from opposite-sex spouses. If an issuer offers opposite-sex spouse coverage, it may not choose to deny the same coverage to a same-sex spouse. We will continue to work with states and issuers to help ensure all Americans have an equal opportunity to purchase the new coverage options available to them.”

The guidance says insurers cannot refuse family coverage to married same-sex couples even if they live in — or the insurance is sold in — a non-marriage equality state that doesn’t recognize those unions.

LGBT advocates praised the new guidance as a step toward ensuring that married same-sex couples have the same access to health insurance as their opposite-sex counterparts.

There have been reported incidents of married gay couples being unable to receive family coverage in the aftermath of the implementation of the Affordable Care Act. In February, a gay couple — Alfred Cowger and Anthony Wesley of Gates Mills, Ohio — filed a federal lawsuit charging that they were unable to obtain family coverage because their state doesn’t recognize their marriage.

In January, Blue Cross and Blue Shield canceled family insurance policies it sold to same-sex couples under the Affordable Care Act in North Carolina. Following news reports about the cancellations, the insurer changed course and agreed to offer family coverage on the health insurance exchange to same-sex couples.

Virginia GLBT Bills Face First Test This Week

A number of bills that would afford LGBT Virginians protections against discrimination and bullying have been introduced this legislative session. Traditionally, opponents of LGBT equality - indeed even treating LGBT Virginians as fully human - seek to kill bills in committees so that they can be killed outside of public view and often solely on voice votes that allow the prostitute like Republican legislators to kiss the ring of The Family Foundation and similar hate merchants without ever even going on record in a recorded vote. Equality Virginia has disseminated a schedule of the first round of committees that will determine the fate of these bills. I wish I could say that I am optimistic, but given the past track record of the Virginia GOP, a stray dog or feral cat can expect better treatment than what these GOP delegates and senators have given to LGBT Virginians in the past. Here is a summary of the bills in question:

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Employee Benefits Legislation, SB 1121 - Senate Committee on Local Government; Tuesday, 2pm, Senate Room B
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Nondiscrimination Legislation, SB 747 and SB 797 - Senate General Laws Committee; Wednesday, 2pm, Senate Room B
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Anti-Bullying Legislation, HB 1575 - House Education Committee; Subcommittee #2; Thursday, 7:30am, 5th Floor East Conference Room

Marshall-Newman Amendment Repeal, HJR 625 - Rules Committee; Subcommittee #3; Thursday, 4pm. 6th Floor Speaker's Conference Room
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Blue Virginia has coverage of a press release issued by Virginia Democrats. These bills are not radical - especially when compared with protections and rights afforded to LGBT citizens in more progressive states. Here are some highlights:
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Richmond -- Senator A. Donald McEachin, Senator Mark Herring, Delegate Adam Ebbin, Delegate David Englin, Delegate Joe Morrissey and Minority Leader Ward Armstrong spoke about legislation pending in the General Assembly about non-discrimination. They were joined by Captain Anthony Woods, a graduate of West Point and Harvard's Kennedy School of Government who has served this country valiantly in Iraq, James Parrish, Executive Director of Equality Virginia, and Reverend Robin Gorsline, president of People of Faith for Equality and pastor of Metropolitan Community Church.

Delegate Ebbin, who has been, as Senator McEachin said in introducing him, "a rock for this movement" spoke of his legislation, House Bill 2046. "Our state is behind the voters. It is simply the right thing to do." He stressed that it is important for all public employees, including teacher and college professors to receive protections, especially in light of the Attorney General's actions against colleges last spring.
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Senator Herring, who is carrying Senate Bill 1121 with Senator McEachin, explained that their bill would allow local governments to have non-discrimination policies for their employees. "As a former supervisor," he added, "I know how important it is to be competitive with the private sector and this will make a big difference."
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Delegate Morrissey explained that his legislation, House Bill 2345 is in opposition to the proposed ban on LGBT citizens serving in the Virginia National Guard. He explained that he is confident that LGBT Virginians have "the strength, the character, the courage and the conviction" to serve us well.
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Delegate Englin mentioned his bill to repeal the Marshall-Newman amendment and said that although it is an uphill battle, he is confident that Virginians want their fellow citizens to be able to live "in dignity" and have civil unions available to them. He also advocated for his anti-bullying bill which would strengthen procedures for school districts to combat bullying. "Sexual orientation and perceived sexual orientation continues to be a problem. The responsibility to fight this bullying is all of ours."

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Be assured that Victoria Cobb and her fellow religious extremists and bigots at The Family Foundation will pull out the stops to kill these bills. Anything that might restrict the ability of such false Christians to malign others and force their religious views on others will be decried as restrictions on "religious freedom" and/or the promoting of homosexuality and sexual deviance. The true deviants, of course, are Cobb and those like her who claim to support the U. S. Constitution while in reality trying to destroy it.

Euro Parliament Reaffirms Gay Rights Are Condition to Join the European Union

It is a truly sad commentary on the United States - or the state of Virginia for that matter - that it would not qualify for admission to the European Union because of its failure to have laws that adequately protect its gay citizens from discrimination and bigotry. As UKGayNews reports, non-discrimination protections are "non-negotiable" in the view of the European Parliament. Would that the USA recognized its LGBT citizens as fully human in the same manner and disallowed religious based discrimination in the civil laws. The religious freedom and liberty promised by the U. S. Constitution increasingly are demonstrated to be empty promises for this nations LGBT citizens who continue to suffer from government sanctioned discrimination. Indeed, in North America the real land of the free appears to be Canada, not the USA. Here are some story highlights:

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February 10, 2010 – The European Parliament today confirmed that candidate countries wishing to join the European Union have to provide genuine protection to lesbian, gay, bisexual and transgender minorities. Confirmation came as the parliament adopted reports on the accession to the EU for Croatia, the Former Yugoslav Republic of Macedonia and Turkey. The three candidate countries were reminded that the protection of all minorities is a non-negotiable condition to access the European Union.
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”Minorities must be protected from discrimination as laid out in Article 19 of the Treaty—and that includes sexual orientation,” he said. “This is not an à la carte menu: it is at the core of the European Union, and we will be rigorous in its application.” The report on Croatia conveys the European Parliament’s concern about the 2009 de facto ban on Zagreb Pride, and calls on the government to effectively implement and enforce protection against discrimination.

School Protects Gay Student After Lawsuit Filed

Having grown up in Central New York through high school, I had been watching a story out of Herkimer County - a fairly rural county to the east of Utica not quite half way to Albany - with interest. The gist of the story is that a public school repeatedly failed to protect a gay student (pictured at left) from constant harassment. That is until the New York Civil Liberties Union got involved and filed a lawsuit against the school division. What is disturbing is that this situation occurred in New York State which legally is light years ahead of back waters like Virginia in terms of legal protections against discrimination based on sexual orientation. Not that the laws stopped the bigots in Herkimer County. Having taken my share of abuse for being a "pansy" or "fag" in junior and senior high school, I believe NO ONE should suffer such abuse EVER (fortunately, I was able to "recreate" myself at college). Here are some highlights via The Advocate:
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A school district in Herkimer County, N.Y. has agreed to take immediate action to protect a gay student before the academic year begins in September. The agreement is only a step in resolving a lawsuit that was filed on behalf of a 14-year-old student who was constantly harassed by students at his high school for his sexual orientation. A federal judge approved of the New York Civil Liberties Union's suggestions for the school district, the specifics of which cannot be disclosed.

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Jacob, a student at the Gregory B. Jarvis Junior/Senior High School in central New York, had been subjected to constant verbal abuse, and was regularly pushed or the target of thrown objects. Some of his personal property had also been vandalized, according to the statement by the legal organization. Jacob had sprained his ankle earlier this year after a student pushed him down a flight of stairs. Another student brought a knife to school, threatening to kill Jacob.
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The NYCLU filed the case in August. "It shouldn’t take a lawsuit to motivate school district officials to protect a student from vicious harassment," said NYCLU staff attorney Corey Stoughton, lead counsel on the case. "Our case will proceed until the district addresses the systemic failures that allowed it to ignore Jacob’s plight for two years." NYCLU executive director Donna Lieberman added that the district must take steps to "ensure that all students are safe at school and treated with the dignity and respect they deserve."

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I hope other school districts in New York have paid attention and will decide to do the right thing for students without the need of a lawsuit being filed.

Colorado Governor Signs Gay Anti-Discrimination Bill - Daddy Dobson Unhinged

As the Denver Post is reporting, Colorado governor, Bill Ritter has signed a bill that expands the prohibition of sexual-orientation-based discrimination. Ritter did so over the vocal and unhindged opposition of conservative Christian groups like Daddy Dobson's - a gay hater extrordinaire - Focus on the Family. Dobson (pictured at left) is having such fits over the enactment of the bill into law that he's probably writhing on the floor with spittle flying after having wet himself. The man is truly a disingenuous demagogue. Here are some highlights from the Denver Post, followed by some of Dobson's crazy rantings:

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The bill bans discrimination based on a person's religious belief or sexual orientation - including transgender people - in places of public accommodation, housing practices, family planning services and 20 other public spheres. Such prohibitions are already in place with regard to race. "I think it's a step in the right direction for Coloradans and civil rights," said Sen. Jennifer Veiga, a Denver Democrat who sponsored the bill. Ritter signed Senate Bill 200 this afternoon in his office, without any of the public ceremonies and news releases that came with six other bills he signed today.

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But no bill this year has seen the kind of heated post-session attacks that SB 200 has. Focus on the Family launched radio ads and a media campaign urging Ritter to veto the bill. "The state legislature here in Colorado has frankly become just about as radical and extreme as the California Legislature, in an effort that was designed to obviously appease the homosexual community give access to all public restrooms by people of the opposite gender," Focus on the Family founder James Dobson said Wednesday on his regular radio broadcast, according to an online newsletter from the organization sent out later that day.

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Bruce DeBoskey, the regional director of the Anti-Defamation League, said the opposition's claims were exaggerated and applauded the signing. "We think this is another important step in making Colorado safe and inclusive and welcoming to all those who live there," he said.

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That said, now here's what pychopath Daddy Dobson claims the bill will do (personally, in my opinion, Dobson needs to check himself into a mental hospital for a VERY long stay):

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“Who would have believed that the Colorado state Legislature and its governor would have made it fully legal for men to enter and use women’s restrooms and locker-room facilities without notice or explanation?

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“Henceforth, every woman and little girl will have to fear that a predator, bisexual, cross-dresser or even a homosexual or heterosexual male might walk in and relieve himself in their presence. The legislation lists every conceivable type of organization to which this law applies, including restaurants, bathhouses, massage parlors, mortuaries, theaters and ‘public facilities of any kind.’ Those who would attempt to protect females from this intrusion are subject to a fine of up to $5,000 and up to one year behind bars.

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“This is your government in action. It represents a payback to Tim Gill and two other billionaires who have essentially ‘bought’ the state Legislature with enormous campaign contributions. Coloradans deserve better!