Advertisement Transgender man's lawsuit against Carmichael hospital to move forward

There is a major development in a lawsuit against Dignity Health. The California Court of Appeals has decided a transgender man's case against the a faith-based hospital, Mercy San Juan Medical Center in Carmichael, can move forward. The American Civil Liberties Union filed a lawsuit in April 2017 against Dignity Health for denying Evan Minton a procedure that was part of his medical transition.Minton said he's grateful for the court's decision."I feel that this appeals court let (Dignity Health) know that they can’t do that, that they have to treat transgender people with dignity and care. That means the world to me,” Minton told KCRA. “The fight’s not over because what this appeals court has done has affirmed transgender people, but now we go back to the Superior Court and we make our case there.”AT ISSUEIn August 2016, Minton was scheduled to have a hysterectomy at the Mercy San Juan Medical Center in Carmichael, a Dignity Health hospital. He said it was a facility covered under his insurance and a place where his doctor performed the procedure all the time. According to Minton, two days before the operation, his doctor called to say she could not conduct the procedure because he is transgender. Minton claims Dignity Health violated his civil rights. THE LAWSUIT In 2017, a lawsuit was filed against Dignity Health. In the lawsuit, the ACLU said denying medical care to patients due to their gender identities is "sex discrimination in violation of California’s Unruh Civil Rights Act."That same year, the hospital filed a motion with the court to have the lawsuit dismissed. The San Francisco Superior Court ruled in Dignity Health's favor. Minton’s attorneys then filed an appeal. On Tuesday, the appellate court supported the appeal and sent the case back to the lower court to be heard. “Getting people and getting entities to do the right thing sometimes requires a fight, but we’re in it for the long haul,” Minton said. DIGNITY HEALTH'S RESPONSEThe hospital system responded Wednesday to the appeals court decision in the following statement:“Dignity Health has a legacy of providing care to all people regardless of their background, sexual orientation, or gender identity. Our services are available to everyone without discrimination and all are welcome at our care sites. Catholic hospitals do not perform sterilizing procedures such as hysterectomies for any patient regardless of their gender identity, unless there is a serious threat to the life or health of the patient. Courts have repeatedly recognized the right of faith-based hospitals not to provide services based on their religious principles. We are sensitive to the specific health needs of transgender patients and specialty care for trans individuals is offered at many of our care sites. In this case, Mr. Minton was able to quickly receive the sought-after procedure at another nearby Dignity Health hospital that is not Catholic-affiliated.”WHAT’S NEXTThe San Francisco Superior Court will re-hear the case. However, no hearing date has been set.