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.
The U.S. Supreme Court has agreed to hear two cases challenging state laws that bar transgender student-athletes from competing on female-designated sports teams at public schools and universities. One of those cases, Little v. Hecox, involves Boise State student Lindsay Hecox, who sued after being denied a spot on the school’s women’s track and cross-country teams under Idaho’s transgender sports ban.
A federal judge blocked Idaho’s law in 2020, finding that it likely violated the Equal Protection Clause of the U.S. Constitution and discriminated against Hecox and other transgender athletes based on sex and transgender status. The 9th U.S. Circuit Court of Appeals upheld the ruling in 2023 and again in an amended opinion last year. The state then appealed to the Supreme Court, asking it to decide whether the ban is constitutional.
A transgender asylum seeker from Mexico, identified in court filings as O.J.M., has been released after spending 43 days in immigration detention. She was arrested in early June, just after attending an asylum hearing at the Portland Immigration Court, and was held at the Northwest ICE Processing Center in Tacoma, Washington.
O.J.M. is one of many asylum seekers arrested and detained by U.S. Immigration and Customs Enforcement as part of the Trump administration's crackdown on illegal immigration -- a policy critics argue subverts due process. In one related case, a gay makeup artist seeking asylum was deported and imprisoned in a maximum-security facility in El Salvador after being wrongly accused of gang affiliation. He has since been released.
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