The Allegheny Intermediate Unit, an educational-services provider based in Homestead, filed court papers last month defending its refusal to offer domestic-partnership benefits.
Bradley A. Ankney, an AIU math teacher, has been trying to add his domestic partner to his health-insurance plan for about a year.
In August, Ankney filed suit, contending AIU’s health-benefits policy violates Allegheny County’s ban on sexual-orientation discrimination.
But in a Sept. 13 pleading seeking dismissal of Ankney’s suit, the AIU said it allocates health benefits on marital status, not sexual orientation.
“The AIU does not provide certain fringe benefits, including health insurance, to unmarried domestic partners, whether such partner is of the same sex or opposite sex,” the pleading states. “Thus, the AIU conditions fringe benefits on marital or familial status, not sexual orientation.”
Conditioning health benefits on marital status is legal in Allegheny County, according to AIU’s pleading.
The Allegheny County Human Relations Ordinance forbids discrimination on the basis of sexual orientation, marital status, familial status and other categories.
But so far, a court hasn’t ruled that the ordinance requires employers in the county to offer domestic-partnership benefits.
County workers in Allegheny are offered domestic-partnership benefits through a separate initiative, not due to the ordinance.
Sara J. Rose, an attorney for Ankney, expressed optimism that he will prevail in the dispute.
“AIU’s [health-benefits] policy treats people differently based on sexual orientation, and it has the effect of discriminating on the basis of sexual orientation,” she said.
But AIU’s pleading emphasizes that the agency is simply adhering to Pennsylvania’s marital laws.
“It is the strong and longstanding public policy of the Commonwealth of Pennsylvania that marriage shall be between one man and one woman,” the pleading states. “Simply put, this is neither the case nor the forum to challenge Pennsylvania’s marriage statue [sic] as such is for the legislature and the Commonwealth of Pennsylvania to resolve.”
The pleading also claims it’s in the state legislature’s bailiwick to govern issues relating to marital benefits.
“[R]egulation of domestic relations is an area that has long been regarded as a virtually exclusive province of the states. Therefore, it is not for this court to agree or disagree with the legislature’s decision on such an issue in this case.”
Additionally, the pleading refutes Ankney’s contention that AIU’s policy violates the state’s Equal Rights Amendment, which bans sex discrimination.
“[Ankney] has failed to sufficiently allege a cause of action for sex discrimination, in that [Ankney] has failed to allege that male employees are disadvantaged in comparison to female employees on account of the AIU’s fringe benefits policy.”
Rose questioned AIU’s understanding of Ankney’s complaint.
“The defendants don’t quite grasp what our argument is,” Rose asserted. “If Mr. Ankney were married to a woman, or if he were a woman married to a man, he’d be able to get these benefits. That’s the sex discrimination.”
William C. Andrews, an attorney for AIU, had no comment for this story.
AIU’s pleading also notes that Ankney and his partner haven’t married in a jurisdiction that allows same-sex marriage.
Rose said the men haven’t married for a variety of reasons.
“There are some risks if you get married in a state and live in a different state that doesn’t recognize same-sex marriages, including how to get a divorce,” she said.
She also noted that AIU hasn’t agreed to provide the benefits if the couple were married in another jurisdiction.
“Whether or not Mr. Ankney and his partner get married [in another jurisdiction] has no effect on the underlying case,” she added.
The case has been assigned to Common Pleas Judge Christine A. Ward, and a pre-trial conference is scheduled for Oct. 8.
Rose expects to respond to AIU’s pleading after the conference is held.
“[The pleading] is a predictable response to the claims that we made, and we’ll answer it accordingly,” she said.
Ankney requested a jury trial but no date has been set.
The AIU employs about 2,000 workers in 42 suburban municipalities in Allegheny County. It receives funding through federal, state, county and private grants.