VA’s Denial of IVF Benefits to Veterans in Same-Sex Marriages (Sheffield v. Dept. ofVeterans Affairs)
On August 2, 2023, Air Force Veteran Ashley Sheffield filed a class action lawsuit against the Department of Veterans Affairs and VA Secretary Denis McDonough alleging that her constitutional rights—and those of other veterans—were violated because the VA’s health system provides IVF benefits to veterans in opposite-sex marriages but prohibits veterans in same-sex marriages from receiving the same IVF benefits.
Ms. Sheffield served for nearly 20 years in the Air Force before her military retirement. Because of injuries from her service, Ms. Sheffield has developed conditions that affect her fertility. She sought IVF services from the VA, but the agency told her that she did not qualify for IVF benefits because she is married to a woman.
In the complaint, Ms. Sheffield alleges that the VA’s sex and sexual orientation discrimination against veterans in same-sex marriages violates the U.S. Constitution’s guarantee of equal protection and due process and also violates a federal law that prohibits federal health programs from discriminating based on sex. More than 10 years ago the Supreme Court struck down as unconstitutional the Defense of Marriage Act, which defined marriage to exclude same-sex marriages. And in 2022 President Biden signed the Respect for Marriage Act, which formally repeated DOMA. Nevertheless, in 2023 the VA is still applying DOMA’s unconstitutional definition of marriage to deny IVF benefits to veterans who are in same-sex marriages.
Ms. Sheffield and proposed class are represented by PRF Law, the National Veterans Legal Services Program, and Brody, Hardoon, Perkins & Kesten, LLP.
The case is known as Ashley Sheffield v. U.S. Department of Veterans Affairs et al., No. 23 Civ. 11757 (D. Mass.), and is pending in the U.S. District Court for the District of Massachusetts.
Case Documents
Media
Praveena Somasundaram, VA to cover IVF for single veterans, same-sex couples after lawsuits, Wash. Post (Mar. 12, 2024).
Valerie Castro, Veteran says VA denied fertility treatment due to same-sex marital status, NBC News (Aug. 3, 2023).
Casey Parks, VA won’t pay for IVF for same-sex or unmarried couples, lawsuits allege, Wash. Post (Aug. 4, 2023).
Matt Fortin & Kathy Curran, Mass. veteran sues VA, saying she was denied IVF over same-sex marriage, NBC Boston (Aug. 2, 2023).
Travis Andersen, Air Force veteran in Mass. denied fertility treatment coverage due to same-sex marriage sues VA, Boston Globe (Aug. 3, 2023).
Georgina DiNardo, Veterans and advocates sue DoD, VA over fertility policies, Military Times (Aug. 2, 2023).
Svetlana Shkolnikova, Lawsuits challenge ‘discriminatory’ Pentagon, VA fertility treatment policies, Stars and Stripes (Aug. 2, 2023).
Patricia Kime, Veteran Advocates Sue over 'Discriminatory' Fertility Treatment Policies at DoD, VA, Military.com (Aug. 2, 2023).
WBUR News & Wire Services, Veterans sue U.S. Defense and Veterans Affairs departments to get access to infertility treatments, WBUR (Aug. 3, 2023).
Tiffany Cusaac-Smith, Department of Defense, VA sued by New York women's rights group over fertility treatment policies, Newsday (Aug. 3, 2023).
