Bradley A. Ankney, a Pittsburgh math teacher, recently married his same-sex partner and the couple receives spousal benefits from Ankney’s employer, the Allegheny Intermediate Unit. But Ankney continues to sue AIU in Common Pleas Court, because AIU allegedly refused to provide the health coverage for about two years prior to his marriage.
In August 2013, Ankney filed suit against AIU, alleging the agency discriminated on the basis of sex and sexual orientation when refusing to provide health coverage to his partner.
AIU is an educational-services provider located near Pittsburgh. It employs about 2,000 workers in 42 suburban municipalities in Allegheny County.
This past June, Ankney and his partner married in Pennsylvania, and AIU now provides health coverage to Ankney’s spouse, along with other spousal benefits.
Still, Ankney contends that AIU acted illegally when refusing to provide the health coverage for about two years prior to their marriage.
He seeks more than $35,000 in damages, along with a court determination that AIU acted illegally, according to court records.
For its part, AIU says Ankney’s suit should be dismissed as moot.
AIU claims it would have provided health coverage to Ankney’s partner sooner if the couple had married in a state that permitted same-sex marriages.
“[T]he AIU has offered fringe benefits, such as health insurance, to the spouses and families of married AIU employees,” AIU stated in a court filing. “The AIU does not, however, provide certain fringe benefits to unmarried domestic partners, regardless of whether such partner is of the same sex or opposite sex. Thus, the AIU conditions fringe benefits on marital or familial status, not sexual orientation.”
Samuel J. Cordes, an attorney for Ankney, said evidence indicates that AIU wouldn’t recognize a same-sex marriage performed in another state for the purpose of spousal benefits.
“My client has incurred significant compensable damages, and we’re going to litigate that issue,” Cordes told PGN. “This case is absolutely not moot.”
Linda B. Hippert, AIU’s executive director, declined to comment.
“This is a legal matter involving personnel and therefore I cannot respond,” Hippert said in an email.
At presstime, Allegheny County Common Pleas Judge Robert J. Colville hadn’t ruled on AIU’s request to dismiss the case.