Court Rules Religious Employer Violated Title VII by Excluding Same-Sex Spouse from Health Plan Eligibility
Aug 10, 2022
Supreme Court decisions in recent years have declared same-sex marriage is legal in all states (Obergefell v. Hodges, 2015) and that Title VII civil rights prohibiting discrimination on the basis of sex includes gender identity and sexual orientation (Bostock v. Clayton County, Georgia, 2020). In light of these decisions, many religious employers have sought legal counsel about whether and to what extent they are able to place certain restrictions on health coverage to keep that coverage aligned with their religious beliefs.
We had written here in May 2022 how a court had ruled that employers with membership in the Christian Employers Alliance did not violate Title VII when excluding gender affirming care from their health plans. But now we have a religious employer with a court decision stating they violated Title VII by excluding same-sex spouses from health coverage. The court determined:
Religious employers intending to impose some restrictions on their health plans due to religious beliefs will want to keep consulting with their legal counsel each year as new court decisions may alter previous legal opinions and advice.
IMA will continue to monitor regulator guidance and offer meaningful, practical, timely information.
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