Same-Sex Married Couple Sues Employer For Revoking Health Insurance

WEST HOLLYWOOD (CBSLA.com) — Attorneys for Judith Dominguez and Patricia Martinez filed a lawsuit in federal court Thursday claiming Dominguez’s former employee, Cherry Creek Mortgage Compant,  revoked health coverage for Martinez – even though they’re married.

“They told me they put family first.  I soon found out that meant some families.  Not all families,” Dominguez said. “They told me Cherry Creek’s definition of marriage is between a man and woman,”

Dominguez said she was laid off – after she filed a complaint against the company after she was told Martinez’s coverage would be taken away retroactively.

“We received a bill just last month for services for full year ago for $30,000,” Dominguez said.

The claims had already been paid and approved by the insurance.

The women are suing Cherry Creek and its insurance provider for violating a federal law that bans employment discrimination including sex.

USC Law professor David Cruz read their complaint. He says they have a case – if everything they allege is accurate. The suit says Cherry Creek claimed it was a Christian Based company – as the reason for revoking the coverage.

“It’s a very straight forward issue of sex discrimination,” Cruz said. “Here the claim is that the company in some sense Christian although if you look at the website.  It’s really hard to see that,”

Prof. Cruz believes Cherry Creek’s marriage policy was written before the 2015 Supreme Court Decision that legalized same-sex marriage.

“I feel like this company is trying to make me feel less than,” Martinez said.

The couple says the company needs to get with the times.

“Cherry Creek is happy to sell mortgages to same-sex couples,” Dominguez said. “They’re happy to recognize us when it comes to taking our money.  But they won’t give my wife and myself the same respect.”

A representative for the company would not speak to CBS2 because they do not comment on lawsuits that are ongoing.

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