The United States Supreme
Court's Obergefell vs. Hodges groundbreaking
marriage equality decision also created new terrain for lesbian, gay, bisexual,
and transgender (LGBT) persons regarding health, healthcare, and health
benefits. This article addresses the health implications of this decision by
examining its impact on minority stress and stigmatization and health-related
benefits. It also includes a discussion of several impending issues affecting
LGBT health that remain after Obergefell.
…In the wake of Obergefell, several issues remain that affect LGBT health. First, LGBT
employees with self-funded insurance plans may find themselves battling
employers and insurance companies to cover their same-sex spouse. Second,
employers may decide not to cover any spouses to avoid coverage for same-sex
spouses. Employers will also wrestle with whether to continue coverage for
unmarried persons, now that marriage equality has been attained. Third, the Obergefell decision
does not directly address health coverage or equal rights in healthcare for
transgender persons, and the battle for equal health coverage will remain.
Fourth, insurance plans that exclude same-sex couples for fertility treatments
and surrogate parenting may confront more litigation for discrimination. Fifth,
because marriage bestows only certain protections—and protects only
spouses—increasing efforts will focus on eliminating discrimination in areas
like employment and housing. Given research on the health implications of such
discrimination, the passage of such laws may result in better health among LGBT
persons. Finally, employers and legislators may carve out religious exemptions
for healthcare coverage and other areas that affect LGBT health. The Supreme
Court's 2014 decision in Burwell vs. Hobby Lobby21 already
ruled that corporations might be exempt from the Affordable Care Act's
requirement that employers cover contraception, if the company's owners have
religious objections. Immediately after the Obergefell decision,
several states allowed county clerks to refuse issuing marriage licenses to
same-sex couples for religious reasons. Demands for religious exemptions will
likely grow over the next few years.
Full article at: http://goo.gl/BtCp4B
By: Angela K. Perone, JD, MSW
Department of
Sociology, University of Michigan School of Social Work, Ann Arbor, Michigan.
Corresponding
author.
Address correspondence to:, Angela K. Perone, JD,
MSW, Department of Sociology, University of Michigan
School of Social Work, 1080 S. University Avenue, Ann
Arbor, MI 48109, E-mail: Email: ude.hcimu@aenorep
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