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.”
In another swipe at the transgender community, the national monument honoring what is widely seen as the seminal event of the modern LGBTQ rights movement has erased all mention of transgender and queer people.
Each June, the Stonewall National Monument in New York City typically decorates the fence surrounding Christopher Park -- the small park adjacent to the historic Stonewall Inn and part of the official monument -- with various Pride flags.
In past years, the display has featured a mix of flags -- the familiar six-stripe rainbow Pride flag, the blue, pink, and white transgender Pride flag, and the "Progress" flag, which adds stripes for Black and brown communities and a chevron design incorporating transgender and intersex Pride colors.
"Right now, more than ever, we need global solidarity. And WorldPride is probably the closest thing we have to a visible manifestation of the unity we have across borders," says Ymania Brown, one of the co-presidents of InterPride, the international umbrella organization of Pride organizers.
"The goal for us at InterPride and for WorldPride is for our members and everyone who comes to WorldPride in Washington, to walk away knowing that we are not alone," she continues. "That our struggles, while unique in different countries and different regions, are shared. And as a result of that shared struggle, our victories, and the successes we have in changing laws for our people, are collective."
A transgender athlete in California won two golds and a silver medal at the CIF State Track & Field Championships last weekend, but officially "tied" with other athletes due to a specialized scoring system instituted just ahead of the state meet.
AB Hernandez, a transgender girl who is a junior at Jurupa Valley High School in Riverside, California, placed first in the girls' high jump and triple jump competitions, and second in the girls' long jump competition.
Hernandez's participation sparked controversy and staunch opposition from some parents and bystanders, especially after President Donald Trump threatened to permanently withhold federal money from California if transgender athletes -- specifically Hernandez, although he did not refer to her by name -- were allowed to compete in female events.
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