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Effective May 1, 2007, the New York State Department of Civil Service (DCS) will respect out-of-state marriages of same-sex couples for the purposes of extending spousal insurance benefits to current and retired state and local government employees. All New York State Health Insurance Program (NYSHIP) Participating Agencies and Employers, including local government agencies and public authorities around the state, must provide benefits to same-sex spouses of employees who were validly married in places like Canada or Massachusetts.

“This policy brings much-needed insurance coverage to married lesbian and gay New Yorkers working throughout New York in service to their state and their communities,” said Lambda Legal Senior Counsel Susan Sommer. “As this policy makes clear, same-sex couples who have married in places like Canada are entitled to full respect and protections for their marriages under New York law.”

More than 800 state and local government employers are part of NYSHIP’s program and must now offer coverage to same-sex spouses of married employees. The policy applies to all health benefit plans provided under NYSHIP, including the Empire Plan and HMOs, the New York State Dental and Vision Plans, the M/C Life Insurance Program and the New York Public Employee and Retiree Long Term Care Program.

Contact your employer’s human resources department for information on how to enroll and check the DCS website for further information and to download forms. If you have trouble locating appropriate forms and information, contact Christine Williams at 518-473-1879. Read the DCS policy and press release.

This policy came about following litigation by Lambda Legal seeking to secure spousal benefits in New York for same-sex couples validly married in other jurisdictions. The policy change also comes on the heels of Governor Eliot Spitzer’s introduction of a marriage equality bill to the state legislature.


How to Enroll:

The NYSHIP enrollment form for local government employees is called PS 503.1.  Take the following steps to locate the application on the New York State Department of Civil Service website:

  • CSD Home Page
  • Employees
  • Local Government employees
  • Health Benefits
  • Health Benefits and Option Transfer Forms
  • Health Dental and Vision forms

The NYSHIP enrollment form for state employees is called PS 404. Take the following steps to locate the application on the New York State Department of Civil Service website:

  • CSD Home Page
  • Employees
  • State employee
  • NYSHIP
  • Health Benefits and Option Transfer
  • Forms
  • Health Dental and Vision Forms

The completed form MUST be submitted to the agency HBA for processing onto NYBEAS, the enrollment system. If the employee is a retiree, it must be submitted to the New York State Department of Civil Service Employee Benefits Division.


New York State Health Insurance Program — What You Need to Know: Definitions of Participating Agencies and Employers

If you or someone you know encounters any problems qualifying for these benefits contact Lambda Legal’s Help Desk for information and assistance.

The New York Assembly has passed legislation to legalize marriage for same-sex couples by a bipartisan vote of 85 – 61. The Marriage Equality Bill now heads to the senate for a vote.

Approval of the bill by the Assembly marks an important strategic and symbolic victory because only one other state's legislature, California, has approved such a bill. Governor Arnold Schwarzenegger later vetoed the bill. New York is now one step closer to becoming the second state in the nation, after Massachusetts, to extend marriage to same-sex couples — and the first to do so through a legislative process.

In April, Governor Elliott Spitzer made good on his pre-election promise and introduced the Marriage Equality Bill. It came about after New York's highest court ruled against Lambda Legal's plaintiffs in our marriage equality case.  The court said that New York is not required under its constitution to issue marriage licenses to same-sex couples. The responsibility to grant marriage equality now rests squarely in the hands of the state senate.

Lambda Legal has prevailed at the trial court level against the antigay Alliance Defense Fund (ADF), which had filed a lawsuit in an attempt to strip benefits from same-sex partners of city employees in New Orleans. This trial court victory means domestic partner benefits and the city's domestic partner registry are safe for now, providing important protections for same-sex couples.

Since 2003, the antigay Alliance Defense Fund has been trying to eliminate benefits for same-sex partners of city employees in New Orleans. Their lawsuit needlessly jeopardized the health and well-being of city employees and their families by threatening to take away their health insurance. Lambda Legal is taking a stand against antigay forces around the country, defending ground we've already gained in the fight for equality.

Who is the Alliance Defense Fund?

  • A Christian legal firm established in 1993 by more than 30 Christian ministries, including Focus on the Family, to combat the efforts of the ACLU.
  • Number of full-time employees: Up to 500
  • Total Revenue of ADF and its partner organizations: More that $127 million
  • In 1997, the city of New Orleans extended insurance benefits to same-sex partners of city employees. In 1999, the City Council created a domestic partner registry that allows couples to make a public commitment to care for and support each other. Both policies came under attack in the ADF's lawsuit. At the city's request, Lambda Legal represents city employee Brian Barbieri and his partner Howard Lees, who have intervened in the lawsuit to defend their domestic partnership registration and benefits.

    The city of New Orleans took it upon itself to do the right thing for its gay and lesbian employees and their families by giving them access to the same health insurance plans that its heterosexual employees and their families receive. Lambda Legal successfully argued that the city is well within its rights to do so.

    Did you know that an estimated 1 in 4 people with HIV do not know that they have HIV? This is one of the many reasons for National HIV Testing Day, on June 27.

    The CDC is currently recommending that the nation's healthcare providers offer HIV testing to all individuals from the ages of 13 to 64, without regard to identified risk factors. While this testing may reveal the HIV status of more people, it fails to educate test takers about HIV transmission or provide care to those who test positive.

    In response to this Lambda Legal, working with other HIV legal, medical and service providers including the AIDS Foundation of Chicago and the Center for HIV Law and Policy, launched a set of guiding principles to highlight the fundamentals of effective HIV testing. The guidelines emphasize that testing must be informed, voluntary, confidential and pay attention to the continuing health needs of people with HIV and give respect for the civil and human rights of patients. "We cannot lose sight of the people who will be tested," said Bebe J. Anderson, HIV Project Director of Lambda Legal.  "Respect for the civil and human rights of patients must be at the heart of successful efforts to increase testing."

    The General Public Lacks Basic Information About HIV Transmission

    Far too many people still lack basic knowledge about how HIV is and is not transmitted. According to a 2006 national survey conducted by Kaiser Family Foundation:

    • 37 percent mistakenly believed that HIV could be transmitted through kissing.
    • 22 percent mistakenly believed that transmission could occur through sharing a drinking glass.
    • 16 percent mistakenly believed that transmission could occur through touching a toilet seat.
    • And more than 4 in 10 adults held at least one of the above misconceptions about HIV transmission.

    Find out more about the importance of HIV testing and how to break down barriers to it in the joint publication from Lambda Legal and the ACLU, "Increasing Access to Voluntary HIV Testing: The Continuing Relevance of Stigma and Discrimination."

    A court of appeals has held that the military's "Don't Ask, Don't Tell" policy must satisfy a heightened standard of review before barring a model officer from serving.

    After 18 decorated years of service with the United States Air Force, Major Margaret Witt was discharged because of her alleged sexual intimacy with her partner of six years. In 2006 the ACLU of Washington sued, claiming that the "Don't Ask, Don't Tell" policy and how it was applied to Witt, violates her right of liberty. We submitted a friend-of-the-court brief demonstrating that, because of Lambda Legal's historic 2003 Supreme Court victory in Lawrence v. Texas, individuals need not completely sacrifice their constitutional right to sexual intimacy with a same-sex partner simply because the government demands it.

    For at least 11 years the government on average has discharged more than 900 lesbian, gay and bisexual service members per year under the "Don't Ask, Don't Tell" policy. Witt's case clearly illustrates the unfairness of selectively telling only gay people that they cannot both serve and have sexual intimacy with their partners. Lambda Legal Executive Director Kevin Cathcart is optimistic about the recent court ruling. "We are hopeful that on remand the district court will agree that allowing Major Witt to serve her country poses no threat to unit cohesion and her sexuality has no bearing on her ability to perform her duties as an officer and nurse," he said, adding that the decision "is a step in the right direction towards full equality for LGBT service members in the U.S. armed forces."

    Lambda Legal, with co-counsel Jonathan Shurberg (retained by Equality Maryland) and pro bono support from the law firm of Arnold & Porter, represented concerned Montgomery County registered voters who opposed this latest effort to set back the clock on civil rights in the state.

    On November 13, 2007, in order to address discrimination against transgender individuals, the Montgomery County Council unanimously passed an act that added gender identity to the county's civil rights law. A group calling itself Citizens for Responsible Government (CRG) sought to block the law by gathering signatures for a referendum petition. We challenged the referendum because the Montgomery County Board of Election over counted the signatures in violation of the rules governing the process, and Maryland's highest court ruled in our favor.

    "This long overdue, crucial law is all about assuring that unchecked bias is not allowed to inhibit our neighbors' abilities to make a living or rent a home, and as a Montgomery County resident, I breathe a sigh of relief that this campaign to roll back anti-discrimination protections is now over," said Dan Furmansky, Executive Director of Equality Maryland.

    In Loving v. Virginia, the decision that struck down all state bans on interracial marriage, the United States Supreme Court wrote that although "Loving arose in the context of racial discrimination, prior and subsequent decisions of this Court confirm that the right to marry is of fundamental importance for all individuals."

    This statement still rings true today.

    As we celebrate Loving on its 40th anniversary, it is important to acknowledge the struggle for lesbians and gay men to marry the person they choose. Read what Executive Director Kevin M. Cathcart and H. Alexander Robinson, Executive Director of the National Black Justice Coalition, have to say about the intertwined struggle for civil rights in an exclusive Op-Ed for the Advocate.com.

    ***

    About Kevin M. Cathcart

    Kevin M. Cathcart, executive director of Lambda Legal since 1992, is a leading strategist and spokesperson in the movement to achieve full recognition of the civil rights of lesbians, gay men, bisexuals, transgender people and those with HIV. Under his leadership, Lambda Legal's groundbreaking work reached new heights in 2003 when it won a U.S. Supreme Court victory, Lawrence v. Texas, striking down Texas's "Homosexual Conduct" law and every law like it in the nation.

    About H. Alexander Robinson

    H. Alexander Robinson is the executive director/CEO of the National Black Justice Coalition (NBJC), a civil rights organization dedicated to empowering Black same-gender-loving, lesbian, gay, bisexual, and transgender people. Robinson is the former president of the National Task Force on AIDS and a former Presidential AIDS Advisory Council member.

    In California

    After a 4-year legal battle, we celebrated a joyous victory for equality in California this spring, and thousands of same-sex couples from all over the country have expressed their love and commitment by getting married. But now we are in one of the biggest fights of our lives to protect the freedom to marry. Voters must defeat Proposition 8 on November 4.

    In May, the California Supreme Court ruled 4-3 that the state may no longer exclude same-sex couples from civil marriage in that state. In its powerful decision, the court said, “In light of the fundamental nature of the substantive rights embodied in the right to marry – and their central importance to an individual’s opportunity to live a happy, meaningful and satisfying life as a full member of society – the California Constitution properly must be interpreted to guarantee this basic civil right to all couples, without regard to their sexual orientation.”

    For years, antigay forces have used fear and prejudice to persuade voters to pass constitutional amendments to deny marriage equality. The stakes are even higher this time because this ballot initiative would roll back history and take away a fundamental right that same-sex couples are now enjoying. We cannot let them win.

    Election Day will be here soon. The other side is raising millions of dollars to put hate and fear on television and radio. We need everyone – no matter where you live – to give as generously as you can right now to the "No on 8" campaign so that our message about fairness and opportunity for same-sex couples and their families can be heard loud and clear.

    If you live in California don’t forget to vote and make sure all your friends and loved ones vote, too. And if you live in another state, please call anyone you know in California and explain why it is so important to you that they vote “no” on Proposition 8.

    In Florida

    The possibility that we can win the freedom to marry in the future is also under attack in Florida, where Proposition 2 would define marriage as a “legal union of only one man and one woman as husband and wife….” And if passed, the measure would change that state’s constitution to also say that “no other legal union that is treated as marriage or the substantial equivalent thereof shall be valid or recognized.” A 60 percent majority is needed for the antigay measure to pass.

    In Arizona

    Arizona faces a similar fight, with that state’s rehash of its Proposition 102, despite the fact that voters there rejected the proposition in 2006.

    “We can’t let them win these battles on Election Day,” says Lambda Legal Executive Director Kevin Cathcart, “because it will send the message that the majority can vote to take away the rights of a minority, whether it’s about marriage or any other important right.”

    Legal Documents

    Resources

    Media

    Lambda Legal Senior Counsel Jennifer Pizer's May 15 Address. Courtesy L.A. Gay and Lesbian Center.

    Greg Fox.

    “You might say my entry in this contest was a response to all of that antigay rhetoric I’ve been subjected to. A way for me to stand up for other LGBT people in a humorous fashion.”
    First Place, Greg Fox

    4 Reasons for Gays to be Grateful.

    4 Reasons for Gays to be Grateful
    by Greg Fox

    After six months, more than 25 entries, five finalists and nearly 2,000 votes Lambda Legal is proud to announce Greg Fox as the winner of our "Life Without Fair Courts" cartoon contest. The contest, co-sponsored by Prism Comics and The Advocate, asked artists to illustrate what their life would look like without fair courts to help people understand how crucial the courts are to our democracy.

    When Fox submitted his cartoon, "4 Reasons for Gays to Be Grateful," he admitted that he never intended to be a political cartoonist. He started drawing at age 12 and was initially inspired by the superheroes he saw in comics. Everything changed once he became a full-time cartoonist and began hearing all of the antigay rhetoric on talk radio while he worked from home. Entering the contest was a way for him to stand up for other LGBT people in a humorous fashion.

    Explaining the Supreme Court.

    Explaining the Supreme Court
    by Ted Rall

    The other two finalists had their own personal reasons for entering the contest. Second place winner Ted Rall, named "the most controversial cartoonist in America" by Cartoon.com, said that he was inspired to create his comic strip because, "instances of judicial unfairness and bias have made such a negative impact on our society that they demand outrage and ridicule." Third place winner Matt Bors wanted to highlight the importance of an impartial judiciary because not having fair courts "could spell doom for much of the progress we've made in the last 50 years."

    Although only Fox won the grand prize, all three finalists are winners for their alarming reminder of what could happen if we do not remain vigilant in protecting fair and impartial courts.

    Future Courtroom Landmarks.

    Future Courtroom Landmarks
    by Matt Bors

    Lambda Legal knows first hand how important fair courts are in protecting the civil and constitutional rights of all people. Through our "Courting Justice" program, we continuously advocate for unbiased court nominees, defend fair judges from political attack and support the legitimate role of courts as an access to justice for all. 

    We congratulate Greg Fox and all the winners and hope the comics will make people laugh. But more importantly, we hope they deliver the message that fair courts are a crucial component of our democracy — and often the last hope for those who have been denied fundamental rights.

    Izza Lopez, a 26-year-old transgender woman, accepted a job as a scheduler with River Oaks Imaging and Diagnostic, a medical imaging company in Houston. After resigning from her position with her then-current employer, Lopez received a call from River Oaks rescinding the job offer because of her "misrepresentation" of herself as a woman.

    "I was interviewed by a manager and a director who both felt I was qualified to do the job," Izza recalls. "I was shocked when I received the call from human resources taking away the job they'd offered me — it felt as if they'd said to me 'you're a monster; we don't want you here.'"

    Lopez was unable to get her previous job back and was without employment for several months.

    We've filed a federal discrimination lawsuit on Lopez's behalf.

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