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Same-sex benefits lawsuit against Pitt officially over
Tuesday, October 05, 2004

Seven workers today will officially drop their 8-year-old discrimination lawsuit against the University of Pittsburgh over same-sex benefits now that the school intends to offer the coverage, individuals involved in the case said.

The development means an end to the highly charged court fight that spawned a challenge to Pittsburgh's gay rights law as well as campus protests and a hunger strike.

On Sept. 1, in what was viewed as a major breakthrough, Pitt Chancellor Mark Nordenberg announced that the university will extend health coverage to same- and opposite-sex partners of its employees starting in January. He said the move was not linked to the lawsuit, but rather to growing pressure to compete with other campuses already offering the benefit.

At a news conference the next day, lawyers for the ACLU said gay and lesbian workers suing the school were considering whether to pursue compensation for years the benefit was denied. The ACLU was due in court tomorrow to appeal a permanent injunction issued by a Common Pleas Court judge prohibiting the Pittsburgh Commission on Human Relations from hearing the case.

But the American Civil Liberties Union has notified lawyers for Pitt that it does not intend to pursue the appeal, effectively dropping the case. A public announcement is planned for today.

"We spoke to our clients, and the decision, after reflection, was unanimous to forgo any effort to seek damages and to move forward with the university in a spirit of cooperation," said Chris Biancheria, one of the ACLU lawyers in the case.

Pitt spokesman Robert Hill said: "Obviously we're pleased with the decision. ... We never believed that the courts were the proper forum to resolve the issue, and we are very pleased that it is now resolved."

Ray Anne Lockard, one of the plaintiffs, took a second job to help pay some $400 in monthly prescription bills for her ailing partner. Lockard said she's OK with the decision.

"I would love to have more money for my family. Who wouldn't? But on the other hand, they've done the fair thing and provided these benefits," said Lockard, head librarian at the Frick Fine Arts Library.

The 1996 suit, now a class-action case, was originally filed before the Pittsburgh Commission on Human Relations, which found probable cause that Pitt discriminated. But in January, Allegheny County Common Pleas Judge Robert Gallo permanently enjoined the commission from hearing the case, saying he found no evidence that Pitt intentionally discriminated.

First published on October 5, 2004 at 12:00 am
Bill Schackner can be reached at bschackner@post-gazette.com or 412-263-1977.