Arguments about 'costs' being too burdensome were soundly rejected by the court.
Thousands of New Yorkers take to the streets of Manhattan to participate on the Reclaim Pride Coalition's fifth annual Queer Liberation March on June 25, 2023.On Monday, the U.S. Fourth Circuit Court of Appeals ruled that state-based health care systems in North Carolina and West Virginia that prevent transgender and nonbinary people from attaining gender-affirming care were unconstitutional barriers to their needs.
Gregory added that the “costs” argument from the states appeared to be a red herring. “Especially where government budgets are involved, there will frequently be a ‘rational’ basis for discrimination,”The ruling was decided by an 8-6 majority in favor of disallowing West Virginia and North Carolina to continue discriminating against transgender residents.
Even if one were to believe the errant presumption that every single transgender Medicaid recipient in the state would seek out gender-reassignment surgery, the cost would be a fraction of total yearly Medicaid spending, amounting to a one-time expenditure of around “I am so relieved that this court ruling puts us one step closer to the day when Medicaid can no longer deny transgender West Virginians access to the essential healthcare that our doctors say is necessary for us,”
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