Official photo of Commissioner Emily Johnson Piper (Photo: Minnesota Department of Human Services).
The American Civil Liberties Union (ACLU) and the ACLU of Minnesota filed a lawsuit on Thursday in Minnesota State Court challenging the current ban on using covering transition-related surgery expenses for transgender people.
The ACLU, which filed the lawsuit on behalf of Evan Thomas and the LGBT rights group OutFront Minnesota, is suing Emily Johnson Piper in her role as the Commissioner of Minnesota’s Department of Human Services, and demanding that the state repeal the coverage exclusions in both Medical Assistance, the state’s Medicaid program, and MinnesotaCare, the state’s program for lower-income residents without access to employee-sponsored health insurance. The ACLU argues that not only is the current exclusions are both discriminatory against transgender people, and have no basis in medical science.
“For many transgender people, transition-related surgery is a medical necessity and can sometimes be a matter of life and death,” Joshua Block, an attorney with the ACLU’s Lesbian, Gay, Bisexual, and Transgender Project. “Transgender Minnesotans — like everyone else — should be able to receive adequate health care based on medical standards of care.”
Under current Minnesota law, all transition-related surgical care is denied coverage, regardless of whether it is medically necessary for treating a person’s gender dysphoria. However, the same treatments are required to be covered under the federal Medicare program and under all private health insurance plans regulated by the state of Minnesota.
“Every major medical organization has recognized that policies banning coverage for medically necessary transition care have no basis in modern medical science,” Block continued. “Minnesota’s statute is a historical relic based purely on disapproval of transgender people.”
In addition to Medicare, 10 other states and the District of Columbia currently provide coverage for transition-related surgical care through their public health insurance or Medicaid programs.
Thomas, the lead plaintiff in the case, is currently on Medical Assistance and has been diagnosed with gender dysphoria. After fighting depression, Thomas was able to begin hormone therapy and legally changed his name and gender earlier this year. But he is still being denied coverage for medically necessary transition-related surgery.
“A weight was lifted when I first began my gender transition and realized I didn’t have to pretend to be a woman anymore,” Thomas said in a statement. “Being denied surgical treatment is harmful to my health and well-being every day I’m forced to live in this body.”
The Trump administration has proposed two federal rules that would restrict access to gender-affirming care for transgender minors nationwide.
The proposed regulations, issued by the U.S. Department of Health and Human Services' Centers for Medicare and Medicaid Services (CMS), would bar federal Medicaid funds from covering transition-related care for transgender youth under 19 and threaten to strip federal funding from hospitals that provide gender-affirming treatments to minors.
HHS officials told NBC News that CMS will begin the federal rule-making process with a 60-day public comment period, after which the rules could be finalized.
A transgender woman has filed a lawsuit against hotel giant Hilton, alleging that she was assaulted by a security guard at the Hilton Dallas Lincoln Centre while she was a registered guest.
According to the complaint, filed in the 192nd Civil District Court in Dallas County, Kimberly Barnett, an Afro-Latina transgender woman from Nebraska, was staying at the hotel in late June while attending Dallas Pride Weekend and other LGBTQ events.
Barnett returned to the Hilton Dallas Lincoln Centre around 3:45 a.m. on June 24 and attempted to "valet her vehicle," according to the lawsuit.
In late November, the University of Oklahoma placed Mel Curth on administrative leave after the transgender graduate teaching assistant gave a student a zero on an essay about gender roles.
The essay cited the Bible to defend traditional gender roles and described transgender people as "demonic." Curth and the course's instructor, Megan Waldron, said the paper failed to meet basic academic standards due to a lack of empirical evidence. Both noted that the paper cited no scholarly sources and failed to offer an evidence-based critique of the assigned article, which argued that children who do not conform to rigid gender stereotypes are more likely to face bullying and negative mental health outcomes.
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