Federal Appeals Court Rules West Virginia and North Carolina’s Refusal to Cover Transgender Health Care is Discriminatory
The federal appeals court has made a groundbreaking ruling against West Virginia and North Carolina’s discriminatory healthcare policies towards transgender individuals. The Richmond-based 4th U.S. Circuit Court of Appeals declared that the states’ refusal to cover certain health care for transgender people with government-sponsored insurance is discriminatory.
In a split 8-6 decision, the court found that North Carolina’s state employee health plan and West Virginia Medicaid’s exclusion of gender-affirming care, such as surgeries and treatments related to sex changes, are unconstitutional. Judge Roger Gregory, writing for the majority, stated that these coverage exclusions are discriminatory based on sex and gender identity and do not serve an important government interest.
This ruling sets a precedent for similar cases across the country and is the first U.S. Court of Appeals decision to address government-sponsored coverage exclusions of gender-affirming medical care. The decision comes on the heels of a recent ruling by the same court that found West Virginia’s transgender sports ban to be in violation of Title IX.
Both states have indicated their intent to appeal the decision, with West Virginia Attorney General Patrick Morrisey vowing to take the case to the Supreme Court. North Carolina State Treasurer Dale Folwell expressed concern over the financial implications of providing gender-affirming care through the state’s health plan.
Despite arguments about the cost of treatment, the court emphasized that the discriminatory nature of the policies outweighs financial considerations. The judges highlighted the importance of providing equal access to healthcare for all individuals, regardless of their gender identity.
The ruling has been met with mixed reactions, with advocates for transgender rights celebrating the decision as a step towards equality and inclusivity in healthcare. Plaintiffs in the case, such as West Virginia Medicaid participant Shauntae Anderson, expressed relief and hope for a future where transgender individuals can access essential healthcare without discrimination.
As the legal battle continues, the fate of transgender healthcare coverage in West Virginia and North Carolina hangs in the balance, with the possibility of the case reaching the U.S. Supreme Court for a final decision.
