State and Local Governments Cannot Exclude Transgender Health Care
A few recent decisions from the 11th Circuit Court of Appeals, the Fourth Circuit Court of Appeals, and a federal district court in Tallahassee are illustrative of how federal courts are approaching gender-affirming care.
11th Circuit Holds Denial of Gender-Affirming Care Sex-Based Discrimination
A panel of judges from the Eleventh Circuit Court of Appeals recently
upheld a ruling in favor of Anna Lange, a trans woman working as a sheriff’s deputy in Georgia, who sued her employer for failing to cover her gender-affirming surgery. The lower court had found that the county government’s refusal to cover Lange’s prescribed procedure was a form of sex-based discrimination that violated the
Civil Rights Act. Lange was awarded $60,000 in damages, and her employer was enjoined from excluding gender-affirming care from its insurance policy.
Although the lower court’s decision and injunction applied only to Lange’s employer, the decision in
Lange v. Houston County found that the challenged policy was facially discriminatory and creates precedent for the rest of the state and for the other states of the Eleventh Circuit, Florida and Alabama.