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Celebrating 41 Years! Issue 22 Volume 42
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Seattle Gay News SEATTLE’S LGBT NEWS & ENTERTAINMENT WEEKLY
NOM asks SCOTUS for stay of Oregon marriage ruling Justice Kennedy delays decision, marriages continue Slocum, AP
U.S. Supreme Court Justice Anthony Kennedy
by Mike Andrew SGN Staff Writer U.S. Supreme Court Justice Anthony Kennedy asked for briefs to be filed after NOM requested an emergency stay of a federal judge’s ruling striking down Oregon’s ban on same-sex marriage. Kennedy, the Supreme Court Justice who supervises federal courts in Oregon, made his request on May 28. He gave NOM and the Gay and Lesbian couples who are plaintiffs in the original suit until 1:00 p.m. on June 2 to submit their briefs. Until Kennedy makes a decision on NOM’s request, U.S. District Judge Michael McShane’s decision remains in force, and Gay and Lesbian couples may continue to marry in Oregon. Both McShane and the Ninth Circuit Court of Appeals rejected NOM’s petitions to intervene in the Oregon case. McShane ruled on May 19 that Oregon’s ban on same-sex marriage violated the equal protection and due process rights of Gay and Lesbian
couples. The State of Oregon did not defend the law, Attorney General Ellen Rosenblum having stated that she agrees the law is unconstitutional and should no longer be enforced. NOM asked SCOTUS (the Supreme Court of the United States) to stay McShane’s ruling on May 27. “We are asking Justice Kennedy and the U.S. Supreme Court to take the step of staying the decision of Judge McShane so that NOM can pursue its request to intervene in the case in order to mount a defense of the people’s vote for marriage,” NOM chairman John Eastman said in a statement. “This case is an ugly spectacle of the state refusing to defend the sovereign act of its voters to define marriage as the union of one man and one woman and instead working jointly with the plaintiffs to redefine marriage.” Kennedy’s decision may turn on whether NOM has standing to defend the Oregon law. In other see Oregon page 9
Thor Swift for The New York Times
Truvada, a drug used to treat H.I.V., costs around $1,500 a month
by Mike Andrew SGN Staff Writer The National Health Law Program and The AIDS Institute filed a federal complaint on May 29 against four insurance companies, saying that the firms discriminate against HIV/AIDS patients. CoventryOne, Cigna, Humana, and Preferred Medical were named in the complaint filed with
the Civil Rights Office of the U.S. Department of Health and Human Services (DHHS). All four insurance companies offer plans in Florida through the online exchange set up under the Affordable Care Act (ACA). The complaint says that the companies require HIV-positive patients to pay a percentage of the price of their antiretrovirals instead of a flat co-pay, as required
for other kinds of drugs. The result is that HIV patients might spend thousands of dollars out of pocket for necessary medicine. For example, the complaint charges that CoventryOne charges consumers a 40% co-pay for the cost of all HIV drugs, including generics, after a $1,000 deductible. “That would be about $1,000 per month per drug in most instances. What patient could afford that?” said Carl Schmid, deputy executive director of The AIDS Institute. Healthcare advocates warn that high costs cause patients to skip doses or go off their medications altogether, causing serious health complications. The complaint also said that the four insurance companies charged high up-front costs and imposed unwieldy prior authorization requirements on HIV-positive patients. “Plans do not want to be the preferred plan for people with HIV and AIDS. They do not want that reputation ... plans are going to be restructuring their benefit redesign and emulating what these bad
Jack Gruber, USA TODAY
Health organizations file complaint Pride Foundation awards against insurance companies over scholarship money U.S. Senator Patty Murray speaks at event HIV/AIDS coverage
U.S. Senator Patty Murray
by Shaun Knittel SGN Associate Editor
Since the founding of its Scholarship Program in 1993, Pride Foundation has supported more than 1,200 student leaders from the Northwest, with over $3 million in scholarships to ensure students can see HIV/AIDS page 20 pursue their educational dreams.
Pride Foundation scholars are selfidentified LGBTQ youth, members of LGBTQ families, or straight allies who have been strongly supportive of the LGBTQ community. This year, nearly $400,000 has been awarded to 105 students. On Wednesday, Pride Foundation see Scholarship page 7