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Supreme Court Decision That Could Affect Same Sex Spouse Health Coverage
A U.S. Supreme Court ruling concerning firing an employee based on sexual orientation could lead to changes in laws regarding health insurance.
The Court ruled in Bostock vs. Clayton County that under Title VII of the 1964 Civil Rights Act, it is unlawful for an employer with 15 or more employees to fire an employee because of their sexual orientation or gender identity.
Legal experts think it's likely that the June 5, 2020, ruling will lead more firms with 15 or more employees to offer health coverage under Title VII protection. However, employers potentially could secure religious liberty exemptions from extending sex protections to include sexual orientation and gender identity.
Although the Supreme Court's Defense of Marriage Act decision provides that the federal government may not discriminate against same-sex couples who are legally married, it doesn’t apply to employers who provide self-insured health benefits.
Also, if a state's law doesn't require parity, the employer doesn't have to offer the same benefits to same-sex spouses.
According to the 2020 Employer Health Benefits Survey, 74 percent of firms offering health insurance coverage to opposite-sex spouses also provided coverage to same-sex spouses. However, large firms with 200 or more employees were more likely to offer coverage to same-sex spouses than smaller firms.
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