Appeals Court Rules West Virginia and North Carolina Cannot Prohibit Medicaid Coverage for Gender Reassignment Surgeries

In a groundbreaking decision, the United States Court of Appeals for the Fourth Circuit ruled that West Virginia and North Carolina cannot prohibit Medicaid coverage for gender reassignment procedures for trans-identified individuals. The 8-6 decision upheld lower court rulings in the cases of Kadel v. Folwell and Anderson v. Crouch, challenging laws in both states that restricted coverage for certain procedures.

The majority opinion, written by Appeals Judge Roger Gregory, argued that the coverage exclusions were discriminatory based on sex and gender identity and were not substantially related to an important government interest. The ruling stated that denying coverage for gender-affirming surgeries was a form of sex discrimination and that criticisms of such procedures being harmful were unfounded.

Lambda Legal Senior Counsel Tara Borelli, the lead lawyer for the suits, expressed satisfaction with the ruling, stating that it will save lives and affirming that denying essential medical care to transgender individuals is unconstitutional. However, West Virginia Attorney General Patrick Morrisey denounced the decision and vowed to appeal to the U.S. Supreme Court, arguing that states should have the discretion to determine Medicaid coverage based on cost and other concerns.

The decision has sparked a heated debate over the rights of transgender individuals to access necessary medical care and the role of states in determining Medicaid coverage. The case is likely to have far-reaching implications for healthcare policy and the rights of transgender individuals across the country.