Massachusetts
nurses seek to reverse discrimination

The Massachusetts Nurses Association filed a suit in federal court Thursday in an attempt to overturn a decision reached through arbitration that denies health insurance benefits to same-sex spouses of registered nurses. The case, which was filed in the U.S. district court in Boston, claims that the arbitrator's decision violated union contract language that expressly forbids discrimination based on sexual orientation. The MNA is being joined by Gay and Lesbian Advocates and Defenders in arguing the case.

The case involves Maria Cuilla, a resident RN of Merimack Valley Hospital in Haverhill, Mass., who attempted to add her same-sex spouse to the hospital's health insurance plan after their marriage in October 2005. After her spouse was denied enrollment Cuilla filed a grievance under her union contract. Administrative law judge Arnold Marrow heard the case and determined that because the union contract does not specify eligibility for same-sex couples, Cuilla's partner could be denied coverage even though the contract does expressly forbid the hospital from discriminating based on sexual orientation. Marrow's decision is being challenged in the case currently going before the district court. (The Advocate)