In a significant ruling, a U.S. appeals court has upheld the necessity for health insurance plans run by states to cover gender-affirming surgeries for transgender individuals.
The 8-6 decision from the 4th U.S. Circuit Court of Appeals, based in Richmond, Virginia, reaffirmed two lower court judgments.
These courts had previously deemed North Carolina‘s state employee health insurance plan discriminatory for excluding coverage of surgeries related to gender transition, as well as West Virginia’s Medicaid program for similar exclusions concerning “transsexual surgeries.”
Circuit Judge Roger Gregory, writing for the majority, emphasized the clear discrimination inherent in such policies.
He noted that by covering medically necessary treatments for other conditions but not for gender dysphoria, these plans were unfairly denying transgender individuals access to essential healthcare.
Both states argued that their exclusions were based on medical diagnosis and treatment rather than transgender identity, but Gregory rejected this argument, stating that it was effectively a guise for discrimination.
Despite the ruling, there has been resistance from state officials. North Carolina Treasurer Dale Folwell expressed concern about the financial strain on the state employee plan and pledged to protect it legally.
Similarly, West Virginia Attorney General Patrick Morrisey announced plans to appeal the decision to the U.S. Supreme Court, asserting the state’s right to determine its healthcare spending priorities.
This ruling underscores the importance of gender-affirming care as a fundamental aspect of healthcare for transgender individuals.
It sends a clear message that denying such care is both harmful and unlawful. However, it also reflects the ongoing legal battles and challenges surrounding transgender rights in healthcare across the United States.
