Lambda Legal Files Lawsuit Against New York School District on Behalf of Gay Couple Who Were Denied Spousal Health Benefits After Legally Marrying in Canada

(New York, April 20, 2005) – In court papers filed today in state court in Nassau County, Lambda Legal filed a lawsuit on behalf of a gay couple who were legally married last year in Canada but were denied spousal health benefits from Uniondale Union Free School District on Long Island. “New York law is clear that when couples get validly married somewhere else, their marriages are recognized in New York. It doesn’t matter that same-sex couples can’t get married in New York right now – if they were married legally somewhere else, the law says they’re legally married here,” said Alphonso David, Staff Attorney at Lambda Legal who is handling the case. Lambda Legal represents Duke Funderburke, 72, who worked as a teacher at the Uniondale Union Free School District in Nassau County for over 20 years before retiring in 1986. He married his partner of 42 years, Brad Davis, 67, in October 2004 in a ceremony in Ontario, Canada. When Funderburke requested that his retirement health benefits be extended to his spouse, just as benefits are extended to other married retirees, the school district refused. A month ago, Lambda Legal served the school district with notice of claim papers indicating that a lawsuit would be filed if the matter was not resolved within the 30- day grace period. David said that the school district has not responded in any way to the notice. The lawsuit argues that the school district violated its contractual, statutory and regulatory obligations, as well as common law and the state constitution, in refusing spousal coverage to Funderburke and Davis. Lambda Legal also cites opinions in recent months that were issued by New York’s Attorney General and State Comptroller, both clearly saying that out-of-state marriages of same-sex couples must be recognized in New York. “The law is clear in this area, but we keep hearing from couples like Duke and Brad who are being denied critical health coverage even though they’re legally married,” David said. “These couples are constantly having to prove that they’re married and argue about state law with their employers. With this lawsuit, we’re seeking a definitive court ruling that should keep state government entities from questioning the validity of these couples’ marriages once and for all.” “We have been together for 42 years and there are many situations in which, absent marriage, same-sex couples cannot obtain equal rights—including health benefits. Now that Duke and I are married, we are entitled to the same benefits other married couples enjoy,” said Brad Davis. A favorable ruling would not be the first time a state court in New York recognized a same-sex couple as spouses. In a ruling in April 2003 from Nassau County Supreme Court, Lambda Legal won the first case in the nation that appropriately recognized a couple who entered into a Vermont civil union as spouses outside that state. The decision in Langan v. St. Vincent’s Hospital is currently on appeal. The Funderburke case is a continuation of Lambda Legal’s work to ensure that marriages of same-sex couples are respected in all aspects of life from public and private employers to services provided by businesses. Lambda Legal worked with John Galanti to obtain spousal health insurance coverage for his spouse, John Hotchkiss, from Galanti’s employer, the Town of Chili which now joins other municipalities such as Buffalo, Rochester and New York City in respecting marriages between same-sex couples. Insurance companies such as CIGNA, Blue Cross and Blue Shield Insurance Company and Health Economics Group have confirmed that they will respect marriages between same-sex couples for purposes of spousal health and dental coverage. Last summer Lambda Legal persuaded automobile insurance providers in New York, including Geico, State Farm, Allstate, Travelers’ Insurance and many others, to offer same-sex couples who are validly married family coverage and premium rates, if requested, the same way they do for other married policyholders. Several Canadian provinces and other countries allow same-sex couples to marry. In the U.S., Massachusetts is the only state where same-sex couples can legally marry. Lambda Legal won a groundbreaking ruling earlier this year, when a New York City judge said same-sex couples must be allowed to marry; the city has appealed the case. Lambda Legal is also suing for marriage equality in New Jersey, where a ruling is pending at a middle-level state appeals court. A California trial court judge ruled in favor of Lambda Legal, NCLR and the ACLU, saying same-sex couples must be allowed to marry. Last month, the Washington Supreme Court heard oral arguments in a case brought by Lambda Legal and Northwest Women’s Law Center, seeking marriage for same-sex couples statewide. David is Lambda Legal’s lead attorney on the case, Funderburke v. Uniondale Union Free School District et al. Jeffrey S. Trachtman and Norman C. Simon of the New York City law firm, Kramer Levin Naftalis & Frankel LLP are co-counsel on the case. ### Lisa Hardaway 212-809-8585 x266; Cell: 402-369-2104 Lambda Legal is a national organization committed to achieving full recognition of the civil rights of lesbians, gay men, bisexuals, transgender people and those with HIV through impact litigation, education, and public policy work.