Mo. Medic Files Suit Over Benefits for Same-Sex Partner
June 12--ST. CHARLES COUNTY -- A paramedic with the county ambulance district has filed a federal suit claiming his same-sex partner, who initially was approved for spousal benefits, was later denied them.
Andrew Bone, 32, an employee with the district since 2008, said he married Christopher Bone on Sept. 20 in California. He said he had been trying since 2011 to get coverage for his partner from the ambulance district but had been unsuccessful because of roadblocks in Missouri law.
After Christopher Bone, 30, lost his job with a telecommunications company at the end of April, Andrew Bone tried again to get coverage -- health, dental, vision and life insurance -- for his spouse.
Bone said this time he got an email from the district on May 5, saying his husband had been approved.
But eight days later, while Christopher Bone was undergoing a pre-scheduled surgery, Andrew Bone said he got a phone call from the district saying his husband's benefits had been denied.
Tony Rothert, an attorney with the American Civil Liberties Union, said the Bones' lawsuit is similar to one the ACLU has filed against the Ozark Fire District, which denied spousal benefits to the wife of a lesbian firefighter.
The two suits are the only ones he knows of pending in Missouri.
"I'm also not aware of any government entities, other than these two, that are refusing to recognize marriages from other states," he said.
He said the ambulance district should be aware of Barrier v. Vasterling, a case that in October challenged Missouri's constitutional and statutory provisions that deny legal recognition to the marriages of same-sex couples.
The provisions were found unconstitutional, and the attorney general elected not to appeal, Rothert said.
"So the laws it's relying on have been declared unconstitutional," he said. "The district is an outlier compared to most government entities at all levels in Missouri."
The ambulance district released a statement that said: "For four decades, the St. Charles County Ambulance District has worked diligently to create an environment of fairness and support for all employees. Like many companies, we regularly review and update our policies and procedures to make a genuine and sincere effort to continue to promote this type of culture.
"The legal validity of same-sex marriages is a complicated and politically-charged matter, and the highest court in our nation is currently pondering this very issue. In that light, we're disappointed in this action in that we believe it is premature, as a decision is widely expected this summer."
Andrew Bone said it feels as though the district is trying to say his relationship is substandard compared to other employees'.
"We've been together for eight years now," he said. "It's a completely normal marriage that they want to push by the wayside simply because we're two people of the same sex."
Bone said ultimately, the issue comes down to a matter of his spouse's health.
"I don't want to put my employer in a spot like this; they are a great employer, and they've been very, very good to me," he said. "But it comes down to the fact that I love someone, and I want them to be healthy."
In addition to his medical bills from the surgery, Christopher Bone is having to purchase private insurance, the couple said.
They did not specify a dollar amount in the lawsuit, which was filed Wednesday, but they are seeking punitive and compensatory damages, as well as attorney fees. They are being represented by Kirkwood attorneys Russell C. Riggan and Samuel Moore.
Susan Weich -- 636-493-9674
@susan_weich on Twitter
sweich@post-dispatch.com
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