ACLU drops same-sex lawsuit

An 8-year-old case alleging that Pitt discriminated against gay and lesbian employees… An 8-year-old case alleging that Pitt discriminated against gay and lesbian employees officially ended yesterday, following last month’s announcement that Pitt would provide health insurance benefits for same-sex partners of employees.

The American Civil Liberties Union, which originally filed the case in 1996 on behalf of seven current and former employees seeking benefits for their same-sex partners, announced its decision to drop the suit Monday, citing Pitt’s change in its benefits structure.

While Vic Walczak, legal director of the greater Pittsburgh chapter of the ACLU, initially left the door open for the lawsuit to continue, the plaintiffs unanimously decided that Pitt’s extension of same-sex benefits adequately resolved their concerns.

“I think everyone wished Pitt had been more of a leader than a follower of so many other institutions and businesses,” Walczak said. “But we’re just glad they did the right thing.”

Allegheny County Common Pleas Judge Robert C. Gallo issued an injunction in January permanently prohibiting the Pittsburgh Commission on Civil Rights from hearing the employees’ complaint. Following Gallo’s decision, the employees filed an appeal in Commonwealth Court. The court had scheduled oral arguments for the appeal to take place yesterday.

But a memo from the University on Sept. 1 announced a change in Pitt’s policy on same-sex benefits. The memo stated that the adoption of same-sex benefits by institutions comparable to Pitt “significantly affected the markets within which Pitt competes.” Pitt now plans to provide health insurance benefits to both same-sex and opposite-sex partners.

Pitt’s Vice Chancellor for Public Affairs Robert Hill said that the University welcomes the plaintiffs’ decision.

“Obviously we’re pleased with the decision to withdraw the appeal,” Hill said. “We never believed the court was the right place to resolve this.”

The ACLU contacted the plaintiffs individually to decide whether to continue the case, but according to an ACLU press release, “the plaintiffs were never in this for the money,” and “are ready to put this behind them.”