This just was posted on the UP employee website, looks like the lawsuit is not needed

NRLC Announces Benefits for Same-Sex Spouses

December 4, 2013 | 12:30 p.m. CST

The National Railway Labor Conference (NRLC) today issued the following statement regarding dependent health care coverage for same-sex spouses:

The nation's largest freight carriers will provide dependent health care coverage to eligible same sex spouses of covered railroad employees effective Jan. 1, 2014. While this is not a benefit required by law or under current collective bargaining agreements, the railroads agreed with labor to provide this benefit in light of recent changes allowing same-sex couples to access the same federal tax benefits provided to other married couples. Employees will receive additional details concerning this coverage in the coming weeks.


The major freight railroads provide employees and their families some of the richest health care benefits in the country at a cost to the industry of more than $2 billion annually.