A judge in Minnesota Second Judicial District (Ramsey County) on Tuesday stuck down a ban on transgender medical care for those accessing public health programs.

Minnesota law specifically forbade the state’s Medicaid program from covering gender confirmation surgical care for transgender people. The state covered such procedures until 2005 when legislators passed, and Republican Gov. Tim Pawlenty signed, a health and human services omnibus bill that blocked the coverage. Medical Assistance, General Assistance Medical Care, and MinnesotaCare did not provide equitable health care for transgender Minnesotans.

The case was brought in December 2015 by OutFront Minnesota and the American Civil Liberties Union of Minnesota on behalf of Evan Thomas, a transgender man who was denied gender-related surgery while on a state-subsidized health plan.

The order of Judge William H. Leary III stated that the ban “violates the right to privacy as protected by the Minnesota Constitution and, therefore, is void and unenforceable.” The judge also found that the ban “discriminates on the basis of gender.”

Leary wrote:

The statute bars a category of medical treatments even if medically necessary. The statute thus constrains the healthcare decisions of transgender recipients of MA or MinnesotaCare benefits because it covers one medically necessary treatment for gender dysphoria (hormone therapy) but not another (sex-reassignment surgery). Thus the statute impermissibly impairs transgender people’s autonomous decision-making concerning their own bodies and impairs their medical treatment choices.

Evan Thomas, who the Minnesota Department of Human Service told he couldn’t have transgender-specific medical care, reacted to the decision in a press release on Wednesday:

“I’m so happy we’ve won. The judge’s ruling is a forceful statement that transgender people deserve equal treatment under the law. Right now, when we’re suddenly facing a path that’s so much rougher than it looked a few days ago, this victory looks even more important, and I’m proud to have been part of this case,” said Thomas. “I thank the ACLU for taking it on and winning such a good ruling — it’s been a privilege to work with these wonderful, dedicated people.”

Phile Duran, who head’s OutFront’s legal programs, said “OutFront Minnesota is delighted by this ruling, confirming what we knew all along: targeting transgender people like this is discriminatory, unconstitutional, and wrong. Since filing this suit, we have been contacted by many individuals and families whose access to health care has been unjustly harmed. At last we can provide some hopeful news that the care they need may now be within reach.”

Joshua Block, senior staff attorney with the ACLU’s LGBT Project, said “The victory will bring immediate relief to the scores of transgender people living in Minnesota being denied the medical care they need. Singling out groups of people and denying them medically necessary care for no legitimate reason is wrong and harmful. We are glad the court agreed with respecting the dignity of people.”

Here’s the judge’s order:



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