Same-Sex Couples Sue New Jersey Over Fertility Treatments

NEW YORK (CBSNewYork) — Four women seeking fertility treatments are suing the state of New Jersey alleging it discriminates against same-sex couples.

Plaintiff Sarah Mills was diagnosed with an ovary condition that causes infertility. She said she was “shocked” and “devastated” to learn she has to pay out of pocket for fertility treatments.

Under New Jersey state law, her insurance company is only required to cover fertility treatments if she had been trying to conceive for two years with a man.

“Depending on your age, you have to show either one or two years of unprotected sexual intercourse with a man as a woman in order to qualify as infertile,” said attorney Grace Cretcher, who is representing Mills and three other women suing the state Department of Banking and Insurance.

“It’s crazy to say that you have to have a heterosexual relationship,” Mills said. “I found that completely discriminatory.”

“This is insidiously discriminatory,” Cretcher said, adding that the law violates the due process and equal protection clauses of the constitution.

“People don’t even realize that these types of laws are still on the books,” Cretcher said. “It has been incredibly upsetting and difficult for my clients and undoubtedly for women across New Jersey.”

Mills’ insurance company said it does not discriminate and treats everybody equally when it comes to fertility treatments.

The Department of Banking and Insurance declined to comment.

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