Hi John,

We have an update and some good news! Last year, we filed a class action lawsuit arguing that Aetna’s policy on fertility treatment discriminates against LGBTQ people seeking fertility treatment coverage nationwide. Aetna filed a motion to dismiss our lawsuit, but yesterday, U.S. District Court Judge Haywood Gilliam denied Aetna’s motion to dismiss! This means our case can proceed.

This is great news, as we continue our work to expand equal access to fertility coverage and fight discrimination in health care and insurance coverage. In the wake of the Alabama Supreme Court’s outrageous decision designating frozen embryos as children and a Texas judge endangering the ability to enforce reasonable accommodations at work for pregnant people, I’m so happy to finally have some good news in the courts.

Our lawsuit, originally filed in April 2023 by the National Women’s Law Center, Katz Banks Kumin LLP, and Altshuler Berzon LLP, argues that Aetna’s policy on fertility treatment coverage creates significant barriers for LGBTQ people. The policy forces LGBTQ people to pay more and wait longer to access the fertility benefits covered by their health plans. The lawsuit alleges that Aetna’s policy violates Section 1557 of the Affordable Care Act, which prohibits discrimination in health care based on sex, including sexual orientation and gender identity. This lawsuit seeks damages on behalf of LGBTQ Californians harmed by Aetna’s discriminatory fertility policy, and seeks to put an end to Aetna’s discriminatory policy nationwide.

With this lawsuit we hope we can end this discriminatory practice once and for all. Queer couples should be able to grow their families without being punished for who they are or who they love. We won't stop our work until everyone has the right and ability to have children, not have children, and start families, on their own terms. Thank you for being with us and we’ll keep you updated on any developments with this case.

In Solidarity, 

Michelle Banker
she/her
Director of Litigation for Reproductive Rights and Health
National Women’s Law Center