My employers domestic partnership rules state that you must be the same gender to get coverage. My partner and I have been together 20 years and have children. Is this legal? Can I fight it?

Your employer provides health insurance coverage for same-sex couples but not for hetrosexual couples such as you and your partner? It would depend upon whether Arizona or the federal government have a statute regulating what health coverage an employer must provide. I suspect that they don't, at least until the Affordable Health Care Act ("Obabacare") is fully implemented.

You might want to consult an attorney who emphisizes labor law in your state. A class action might be appropriate.

I don't understand your post, are you saying that you are in a same sex relationship with adopted children in Arizona. I can't find an Arizona or any state website that says coverage is excluded only to same sex couples.

Please correct me if I am incorrect; or maybe give us site where this is mentioned.

I don't think this depends on individual state rules, but federal. Here is information from the HR.BLR.com website that explains this rule to encompass any married couple.


National Summary
What is a domestic partnership? The term "domestic partnership" generally refers to an unmarried couple, either of the same or opposite sex. The laws in some states now permit same-sex marriage, civil unions, or domestic partnerships for same-sex or opposite-sex couples. An employer's policy decisions regarding these relationships will be shaped by state and federal laws, business needs, and a desire for an inclusive corporate culture. Policy decisions most often arise in the context of extending existing health insurance and other benefits to domestic partners.
Although not required to by law, many employers voluntarily offer benefits such as family and medical leave covering same-sex spouses, civil union partners, and domestic partners. This trend is driven by several factors, including changing demographics, the desire to be fair, workplace diversity, and the need to improve employee morale. There are a number of legal ramifications, including tax issues, to consider if an organization intends to offer benefits to domestic partners.

I believe this is not a same sex relationship, and they want the same rights given to same sex relationships.

It is easy for them, just marry, the domestic relationship laws were put into place for same sex couples to have some or most of the rights of non same sex couples.

So for man and women, they merely get married, and it solves that issue

Your post is not clear, but it does appear that you want domestic partnership status for your heterosexual relationship. This is generally referred to as a common law marriage. But Arizona law expressly forbids common law marriages (Arizona Divorce & Family Law: Common Law Marriages (http://arizonafamilylaw.blogspot.com/2005/06/common-law-marriages.html)). So, if you want the coverages, get married.

... So, if you want the coverages, get married.


Agreed, but there is a certain irony here: domestic partnership laws are written in part as an end-run around many states' policies against re-defining marriage to accommodate same-sex couples. So the result is that same-sex couples, even in those states which don't allow gay or lesbian marriages, are given the benefit while hetrosexual unmarried couples (where common-law marriage is not recognized) are not. :)