Well, indeed.
But then that burden applies to any surrogacy arrangement, doesn’t it. Regardless of the sex of either of the two people who aren’t carrying the baby.
The gist of this argument/case is that this health insurance is offered to heterosexual couples (and some lesbians) but it excludes gay men.
In terms of commercial surrogacy, the shit’s already been shat in New York state. Whether or not surrogacy should be allowed full-stop is a slightly different question.
Personally, I don’t think commercial surrogacy is ok. (And I’m a gay man; despite what some on here think we don’t all think the same and we’re not a hive mind.)
However, given that surrogacy is already legal, allowed for and supported in New York state, the fact that these men are excluded from health insurance coverage concerning it is, arguably, discriminatory in a purely legal sense.
Two separate issues, in my opinion.