BUFFALO - The New York Civil Liberties Union Wednesday sued a western New York health insurer on behalf of a same-sex couple who were denied spousal health care benefits after marrying in Canada.

The state Supreme Court lawsuit accuses Blue Cross & Blue Shield of Western New York of discriminating based on sexual orientation and of breaching its contract with the Cheektowaga Central School District, which employs one of the women.

“All we want is for our family to be treated fairly,” said Jeanne Kornowicz, a school psychologist in the school district. “It's heartbreaking that we need to go to court so our family can find some security.”

Kornowicz married Joy Higgins in Canada in 2006, eight years into their relationship, and the couple have a 1-year-old daughter.

The NYCLU, in the lawsuit, refers to an appeals court decision in February that said same-sex marriages legal in other states and countries are entitled to recognition in New York. After that ruling, Gov. David Paterson issued a memo directing state agencies to recognize same-sex marriages performed elsewhere.

But a spokeswoman for Blue Cross & Blue Shield said state law is unclear.

Gay marriage is not legal in New York, and the Court of Appeals has said it can only be legalized by the Legislature.

“The law in New York state is unclear as to our obligation in this situation,” Blue Cross spokeswoman Karen Merkel-Liberatore said. “We are awaiting guidance from either the Legislature and/or our regulators as to how we should proceed.”