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Gay couple sues NYC to access IVF fertility treatment

"New York City has been a leader in offering IVF treatments for any city employee or dependent covered by the city’s health plan who has shown proof of infertility, and our policies treat all people covered under the program equally, regardless of gender identity or sexual orientation."

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A gay couple in New Yor City has filed a class-action discrimination lawsuit because the city's medical insurance policy does not cover in vitro fertilization (IVF) for same-sex male partners.

The lawsuit filed by Nicholas Maggipinto and Corey Briskin on Tuesday alleges that there exists a double standard, since gay female couples are eligible for medical fertility interventions while gay male couples are not, under the current policy.

The pair got engaged in December 2014 and were married in March 2016, and Briskin insisted that they had always planned to start a family:

"I know that neither one of us would have considered marrying the other if there was no interest in starting a family and having children," Briskin told the media, according to NBC News.

Briskin's insurance was provided for as an employee of New York County District Attorney’s Office in Manhattan, where he worked for five years through March of this year as an assistant district attorney. Briskin left and is now a law clerk for a federal judge, but he is still covered under the COBRA program.

The lawsuit further alleges that the definition of sexual intercourse, as is stated in the city's insurance policy, is discriminatory against gay male partnerships, and needs to be changed.

A spokesperson for the New York City government stated that the case will be reviewed thoroughly, commenting:  "New York City has been a leader in offering IVF treatments for any city employee or dependent covered by the city’s health plan who has shown proof of infertility, and our policies treat all people covered under the program equally, regardless of gender identity or sexual orientation."

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