US Court Says Claim for Pre-Windsor Benefits Time-Barred


Richard Neidich and Ed Horvath overlooking the White House and downtown Washington. | COURTESY: ED HORVATH

Richard Neidich and Ed Horvath overlooking the White House and downtown Washington. | COURTESY: ED HORVATH

 

ARTHUR S. LEONARD | Gay City News | December 11, 2015

A federal district court has thrown out a former US government worker’s effort to win compensation for the government’s refusal, for a period from 2004 to 2013, to add his same-sex spouse whom he married in Massachusetts to his insurance plan.

In a case brought by Edward Horvath, who worked for the Government Accountability Office (GAO) until 2014, Judge Colleen Kollar-Kotelly of the District Court for the District of Columbia, on November 24, ruled that the claim is time-barred since the plaintiff did not exhaust available remedies within the six-year statute of limitations.

Horvath married Richard Neidich in Massachusetts on June 23, 2004, shortly after the 2003 marriage equality ruling by that state’s Supreme Judicial Court went into effect. When Horvath tried to get the GAO to add Neidich to his employee health benefits plan, he was turned down pursuant to Section 3 of the Defense of Marriage Act, which prohibited federal recognition of his marriage.

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