The final portion of a settlement between the State College Area School District and a lesbian who sued for domestic-partner benefits was announced this week.
The board of SCASD this week approved an agreement that will result in a payout of $42,500 to elementary school guidance counselor Kerry Wiessmann.
Wiesmann sued the district earlier this year after she was prevented from adding her partner of 25 years, Beth Resko, to her insurance plan. The district allowed for coverage of opposite-sex domestic partners, but not same-sex partners.
The federal lawsuit contended that the district violated Wiessmann’s constitutional rights to equal protection and intimate association, as well as the Pennsylvania Equal Rights Amendment based on a claim of sex discrimination.
This past summer, the district agreed to extend its domestic-partner policy to same-sex couples. As part of the settlement it also amended its nondiscrimination policy to include sexual orientation and gender identity, but the monetary claims were unresolved until this week.
In addition to the damages paid to Wiessmann, the district also agreed to pay $47,000 for her attorney’s fees.
The figures were determined in a mediation session earlier this month.
Attorney Andrew Shubin, who represented Wiessmann along with Justine Andronici and representatives of the American Civil Liberties Union and Pepper Hamilton, in a statement this week commended Wiessmann’s and Resko’s perseverance.
“Pursuing a civil-rights lawsuit takes courage,” Shubin said. “As a result of this family’s efforts, the district now provides equal healthcare benefits to same-sex domestic partners. The plaintiffs in this case deserve our respect and appreciation for bringing this important issue into focus.”
The district includes 13 elementary and high schools that are home to about 7,200 students.
Jen Colletta can be reached at [email protected].