CORRECTION: A previous version of this story misstated that Fordham’s student insurance plan does not cover any fertility treatments. As of Dec. 11, 2021, this article has been updated to reflect that the student insurance plan does cover some fertility treatments but not IVF.

A Columbia University student is suing Aetna, Fordham’s student insurance provider, for discrimination against LGBTQ+ couples seeking fertility treatments. The plaintiff is covered by a Columbia student insurance plan with variations from Fordham’s.

Goidel v. Aetna Inc, U.S. District Court, Southern District of New York, was filed on Sept. 13 and alleges that Aetna treats LGBTQ+ couples differently when seeking fertility treatments such as intrauterine insemination (IUI) or in vitro fertilization (IVF).

Emma Goidel, the plaintiff, is covered through her spouse by Aetna’s health insurance plan for Columbia University students. Columbia’s Aetna plan covers rounds of IUI and IVF for couples that have tried conceiving for six or 12 months depending on the age of the mother.

“Aetna’s discriminatory policy is an illegal tax on LGBTQ individuals that denies the equal rights of LGBTQ individuals to have children.” Plaintiff Emma Goidel

Couples that cannot get pregnant through heterosexual intercourse must pay out of pocket for six or 12 months of IUI before receiving coverage for further treatments. Aetna refused to cover four unsuccessful IUI cycles, one unsuccessful IVF cycle, and one successful IUI cycle for Goidel and her partner. Goidel stated that she chose IUI despite lower effectiveness because IVF is more expensive.

“Aetna’s discriminatory policy is an illegal tax on LGBTQ individuals that denies the equal rights of LGBTQ individuals to have children,” Goidel said in her complaint. “At best, these individuals incur great costs due to Aetna’s policy language. At worst, these exorbitant costs are prohibitive and entirely prevent people who are unable to shoulder them — disproportionately LGBTQ people of color — from becoming pregnant and starting a family.”

The suit alleges that Aetna’s policy violates section 1557 of the Affordable Care Act, which prohibits healthcare discrimination based on “race, color, national origin, sex, age or disability.” In May, the Biden administration extended the reading of this section to prohibit discrimination based on sexual orientation or gender identity.

Goidel is also representing a class of people covered by Aetna student health plans in New York. The suit identifies at least 17 New York schools with Aetna student health plans that contain identical language to Columbia’s, such as Barnard College, the Fashion Institute of Technology and the New York Institute of Technology. In total, these 17 schools enroll over 150,000 students who may be affected by Aetna’s policies. Fordham is not one of these 17 schools.

Fordham’s Aetna student health plan does not cover IVF. Aetna states that the student health plan does not discriminate on the basis of “sex/gender (including pregnancy)”, and that “Aetna is committed to being an inclusive health care company.”

In a press conference with The Observer and The Fordham Ram on Nov. 11, Father Joseph M. McShane, S.J. stated that he was not aware of the Aetna student health plan students must acquire or the ongoing lawsuit.

“I think that Fordham can keep its ties with AETNA while also putting pressure on the corporation to stick by its promises and be willing to cut those ties if AETNA refuses to make things easier for its LGBTQ members.” Adah Unachukwu, FCLC ’23

Adah Unachukwu, Fordham College at Lincoln Center (FCLC) ’23 and president of PRISM, the Lincoln Center campus’s LGBTQ+ club, does not believe that it is unethical for Fordham to continue partnering with Aetna.

“I think that Fordham can keep its ties with AETNA while also putting pressure on the corporation to stick by its promises and be willing to cut those ties if AETNA refuses to make things easier for its LGBTQ members,” Unachukwu said.

They said that if Fordham students feel they experienced healthcare discrimination as a result of their identity, they should seek help and share their experience.

“I think the most important thing to do is gather all the facts of your situation. It is really important to have in writing or as an email that the healthcare provider is refusing to treat you,” Unachukwu said. “I think this information can be taken to another healthcare provider or even an LGBTQ center and the people there can help you.”