The fight for equal access to fertility treatments has taken center stage as veterans and civil rights advocates have filed two lawsuits against the Pentagon and the Department of Veterans Affairs (VA). The allegations claim that veterans were denied federal aid for in-vitro fertilization (IVF) due to discriminatory policies based on marital status, sexual orientation, and the extent of their service injuries, reports the Army Times. VA policies are impacting the lives of service members and veterans in profound ways, challenging their rights to build families, which could lead to changes as these lawsuits are decided.

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Pentagon and Department of Defense (DoD) fertility policies have faced legal challenges from veterans and civil rights advocates.

Discriminatory Eligibility Provisions

The current DoD and VA healthcare policies surrounding IVF treatment have come under scrutiny for their restrictive eligibility provisions. According to the VA, service members and veterans can only access IVF if they are legally married, able to produce necessary sperm and eggs to build an embryo, and have their fertility directly impacted by severe injury, illness, or a service-connected disability. These requirements are at the core of the lawsuits, as they are deemed discriminatory and in violation of Section 1557 of the Affordable Care Act, which grants due process and equal protection to all individuals.

Stories of Struggle and Denial

The personal stories of veterans affected by these policies shed light on the human impact of this legal battle. As NBC Boston reports, Ashley Sheffield, one of the plaintiffs in the lawsuit, has experienced firsthand the consequences of the VA's IVF requirements. Due to injuries sustained during her service, Sheffield's fertility has been impacted, making her eligible for VA's medical requirements. However, her access to IVF services was denied solely because she is married to a woman.

“Like so many LGBTQ+ veterans, I honorably served in the Armed Forces, and I earned the health benefits that millions of veterans enjoy,” Sheffield said. “I’m shocked and disappointed that the VA is denying me and other veterans IVF benefits because we’re in same-sex marriages. We are entitled to equal treatment, and we should no longer be treated as second-class citizens.”

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Current IVF treatment eligibility provisions are under scrutiny for being restrictive.

Sheffield's case is not an isolated incident, as Lindsay Church, a non-binary NOW-NYC member, shared their own struggles in accessing vital fertility treatments due to being in a same-sex marriage, despite their service-connected disabilities.

"Despite my service-connected disability, I do not have access to vital fertility treatments such as IVF because my disabilities are not tied to my reproductive system and we are in a same-sex marriage," Church told Military.com.

Almost 6 years ago, I got lucky enough to start an organization with one of my favorite friends @GattaKat. We’ve come a long way from that moment. The same hate and discrimination is still there, the difference is we have a voice, incredible legal folks, & know how to fight now. https://t.co/BPS1yICIKd

— Lindsay Church (@lkmchurch) July 21, 2023

Limited Progress and Ongoing Challenges

The VA began providing IVF services in 2017, according to the Federal Register, but faced restrictions on who could be covered, set by Congress. Advocates have pushed for reforms to expand access, including providing IVF to single veterans and those in same-sex relationships, reports the Military Times.

NOW-NYC wants the current policy to be revised, advocating for IVF services to be available to same-sex couples, single individuals, and those whose infertility is not directly diagnosed as a result of military service. As Stars and Stripes reports, the lawsuits call for the dismissal of the discriminatory provisions that require marriage, sperm, and egg contribution, and service-connected infertility.

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Service members and veterans are required to be legally married and directly impacted by severe injury, illness, or service-connected disability to access IVF.

A Call for Equality and Respect

The fight over fertility policies is not just a legal battle; it is a quest for equality and respect for the brave individuals who have served and sacrificed for their country. LGBTQ+ veterans, in particular, have faced discrimination and dehumanization for decades, CBS News reports.

Let us stand together in support of our veterans, advocating for a world where every person's sacrifices are acknowledged, and their rights are protected.

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