In a groundbreaking decision, the 4th Circuit Court of Appeals has ruled that state health insurance plans in North Carolina and West Virginia must provide coverage for gender-affirming care. This ruling came in response to two cases brought by transgender individuals who were denied coverage for such care.
The majority of judges, in an 8-6 vote, deemed the denial of coverage as discriminatory. However, West Virginia Attorney General Patrick Morrisey has announced plans to take the case to the Supreme Court to challenge the ruling. North Carolina State Treasurer Dale Folwell criticized the decision as “unabashed judicial activism.”
The policies in question have already been changed in both states following lower federal district court rulings in favor of the patients. Senior Counsel Tara Borelli from Lambda Legal stated that the ruling sets an important precedent for other states to follow.
Lawyers for North Carolina and West Virginia argued that the coverage denials were based on saving taxpayer money, not bias. The Supreme Court’s recent actions on transgender issues have been mixed, with some cases being allowed to take effect and others being declined for review.
In related news, the Biden administration recently issued a regulation strengthening protections against discrimination for transgender patients. However, a group of Republican-led states plans to challenge it in court.
This ruling and ongoing legal battles highlight the importance of ensuring equal access to healthcare for all individuals, regardless of gender identity. Stay tuned for updates on this developing story.
