The lawsuit raises a valid claim under the Affordable Care Act’s anti-discrimination provision by contending that Aetna imposes “inherently different and more demanding burdens” on same-sex couples seeking fertility coverage, Judge Haywood S. Gilliam Jr. said in a Thursday opinion.
That’s true even though the plan makes no explicit distinctions based on sexual orientation, Gilliam said.
“Even if the Policy does not explicitly refer to LGBTQ members, as a practical matter, as alleged it ...