Gay spouses press benefits case in R.I.
Judge set to rule on Mass. woman's retirement plan
In a case thought to be the first of its kind in Rhode Island, a Massachusetts woman who retired from teaching in the neighboring state has asked that her health insurance benefits be extended to her same-sex spouse.
In response, the Tiverton School Committee in Rhode Island has asked a state Superior Court judge to rule whether Cheryl McCullough, 60, of Swansea, can include Joyce Boivin, 54, in her retirement health plan. Written arguments are expected to be submitted by Jan. 21 to Judge Stephen J. Fortunato Jr.
McCullough and Boivin wed in June, shortly after Massachusetts allowed same-sex couples to marry following a historic ruling by the state Supreme Judicial Court.
Tiverton School Committee members voted in October to ask the Rhode Island Superior Court for clarification in response to McCullough's request.
School Committee chairwoman Denise deMedeiros said she and another member favored extending health benefits to Boivin. The other three members were unsure what to do, and no one spoke against McCullough's request, deMedeiros said.
Last month, the School Committee agreed to add Boivin to a family health plan with McCullough as long as the couple paid all extra costs -- about $500 a month for Boivin. If Fortunato rules against the committee, Boivin and McCullough will be reimbursed.
Stephen Robinson, the committee's attorney, has advised the board that Rhode Island law does not specify whether gay marriages are recognized in the state.
''Because the State of Rhode Island has no clear policy as to the validity of any marriage or civil union between individuals of the same sex, the plaintiffs have taken the position that defendant Boivin is not entitled to healthcare benefits from the Tiverton School Department as the 'spouse' of defendant McCullough," the complaint says.
Civil rights and union attorneys working on McCullough's behalf said yesterday that the case is strictly contractual and will not have sweeping implications in Rhode Island, where some state and municipal entities already provide health benefits to domestic partners, some of whom are of the same sex.
Gary Buseck, legal director of the Gay & Lesbian Advocates & Defenders, said the insurer, Blue Cross and Blue Shield of Rhode Island, explicitly provides coverage to spouses who were lawfully married in other states. ''I think this is going to be kind of a no-brainer," said Buseck, whose Boston-based group is providing legal assistance in the case.
''As far as we're concerned, Ms. McCullough is entitled to health insurance benefits pursuant to the collective-bargaining agreement," concurred John DeCubellis Jr., general counsel in Rhode Island for the National Education Association. ''It's not broad-ranging at all. It's very particular to this individual."
Massachusetts is the only state that allows same-sex marriages. In Vermont, civil unions for same-sex couples carry the legal protections of marriage.
The key to the decision, according to attorney Lynette Labinger of the American Civil Liberties Union, should be that the marriage was recognized by the state in which it was performed.
''No one disputes that Joyce and Cheryl were validly married in the Commonwealth of Massachusetts," said Labinger, who is helping represent the couple in court.
''Where we're concerned, this is a very plain, vanilla case."
Neither Boivin nor McCullough, a former health teacher and guidance counselor who worked for the Tiverton school system for 27 years, could be reached yesterday for comment.
Material from the Associated Press was used in this report. Brian MacQuarrie can be reached at b_macquarrie@globe.com.
