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.”
Colorado has approved a bill allowing survivors of conversion therapy to sue licensed providers regardless of when the therapy occurred.
The measure, sponsored by State Reps. Alex Valdez (D-Denver), an out gay man, and Karen McCormick (D-Hygiene), along with Sens. Lisa Cutter (D-Littleton) and Kyle Mullica (D-Northglenn), allows people subjected to sexual orientation or gender identity change efforts to sue licensed mental health professionals for damages. Entities that hired or supervised providers engaging in conversion therapy could also be sued.
The Tennessee State Senate has approved a bill requiring clinics to report detailed data on patients receiving gender-affirming care, a move critics warn could enable the state to track transgender people and the doctors who treat them.
The measure requires all gender clinics in Tennessee to submit monthly reports to the Department of Health on patients who receive transition-related treatments or surgery. The state would then publish annual reports based on that data.
The reports would exclude patients’ names but include details such as age, sex assigned at birth, prescribed medications, and the dates prescriptions were written or surgical referrals made. The requirement would apply not only to those receiving gender-affirming care, but also to patients seeking treatment for side effects or those who later experience "regret" and pursue "detransition."
FCC Chair Brendan Carr is seeking public comment on proposed changes to the parental ratings system that would flag content related to gender identity.
Federal Communications Commission Chair Brendan Carr is seeking public input on whether television programs that address transgender issues or feature trans or nonbinary characters should carry warning labels.
The FCC oversees broadcast and cable TV companies and helps shape the ratings system that guides parents on whether shows are appropriate for children.
In 1996, Congress gave TV companies the option to create their own voluntary ratings system or adopt one imposed by the FCC. The companies chose to create their own system, forming the TV Oversight Management Board, which developed the TV Parental Guidelines still used today for cable, satellite, and streaming services.
These are challenging times for news organizations. And yet it’s crucial we stay active and provide vital resources and information to both our local readers and the world. So won’t you please take a moment and consider supporting Metro Weekly with a membership? For as little as $5 a month, you can help ensure Metro Weekly magazine and MetroWeekly.com remain free, viable resources as we provide the best, most diverse, culturally-resonant LGBTQ coverage in both the D.C. region and around the world. Memberships come with exclusive perks and discounts, your own personal digital delivery of each week’s magazine (and an archive), access to our Member's Lounge when it launches this fall, and exclusive members-only items like Metro Weekly Membership Mugs and Tote Bags! Check out all our membership levels here and please join us today!
You must be logged in to post a comment.