Tennessee state employee health plan participants shouldn’t be allowed to proceed with a lawsuit alleging the plans unlawfully refused to pay for medically necessary gender-affirming surgeries, the state told a federal court.

The state asked the US District Court for the Middle District of Tennessee to dismiss Gerda Zinner’s and Story Van Ness’s claims that the plans’ coverage exclusions unlawfully discriminate against transgender people in violation of the 14th Amendment’s equal protection clause and federal anti-bias laws.

The exclusions apply equally to members of both sexes without regard to transgender status or medical necessity and are based solely on a ...

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