Court rules states can't exclude trans procedures from health care plans

Dan Folwell, North Carolina treasurer, assured that the case will be taken to the Supreme Court.

A appeals court in Richmond, Va., ruled that state health care plans should not exclude gender-affirming care. In that sense, the Fourth Circuit Court of Appeals ruled that North Carolina and West Virginia's denial of some health care services through government insurance to transgender people was discriminatory.

The court issued its decision on two cases, one that was presented by North Carolina state employees, and a second second lawsuit filed by West Virginia residents who are transgender and have Medicaid. These people, as explained by National Public Radio (NPR), have coverage for some treatments, but not for surgery.

"In an 8-6 decision, the majority of the 4th circuit decided that these patients were entitled to health insurance coverage for their care. Judge Roger Gregory, writing the majority opinion, called the denial of coverage 'obviously discriminatory,'" NPR detailed.

Meanwhile, the North Carolina treasury secretary issued a statement rejecting the decision and maintaining that they will take the cases to the Supreme Court. "Today’s majority decision is in direct conflict with multiple decisions from other federal appeals courts and, hopefully, will be corrected by the U.S. Supreme Court," the secretary said in the statement .

According to The Washington Post, the states argued that they refused to cover such operations because of budget issues and not because of discrimination. "The U.S. Court of Appeals for the 4th Circuit rejected that argument, saying the plans were discriminating against trans people in need of treatment," The Washington Post noted.