The James R. Browning U.S. Court of Appeals Building, home of the 9th U.S. Circuit Court of Appeals. REUTERS/Noah Berger
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(Reuters) - A transgender teen will have to muster more evidence that he needs gender-conforming surgery before he can force Arizona’s Medicaid system to pay for it, a federal appeals court held Thursday.
The 9th U.S. Circuit Court of Appeals affirmed a ruling by a federal judge in Tucson, who declined to order the system to approve “John Doe” for a double mastectomy and chest reconstruction surgery while his sex-discrimination lawsuit is pending.
The panel assumed that Doe will be able to prove that Arizona’s ban on Medicaid funding for all gender-reassignment surgery amounts to sex discrimination under the U.S. Constitution or the Affordable Care Act, as his lawsuit alleges.
In particular, it said, U.S. District Judge Scott Rash “erroneously” concluded that a recent Supreme Court ruling, which found that gender-identity discrimination is a form of sex discrimination, applied only to employment-law cases. Rash’s ruling was “too narrow” because the Affordable Care Act’s antidiscrimination provisions are nearly identical to those of Title VII of the Civil Rights Act, the statute at issue...
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