1. In a landmark ruling, the United States 4th Circuit Court of Appeals rules "gender identity is a protected characteristic," and that state coverage bans on trans care are unconstitutional.
This will have far-reaching impacts.
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2. The ruling, which was decided on by the entire 4th Circuit Court, says that transgender people are a protected class and that trans discrimination is sex discrimination, overturning State coverage bans.
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3. Attorneys for the state argued that the policies were not discriminatory because the exclusions for trans care "apply to everyone, not just trans people."
Judges rebuked this idea, citing older arguments that a ban on gay marriage "applied to everyone, gay and straight."
4. Of particular note was a section on Geduldig that seemed laser targeted towards an eventual supreme court decision.
Other courts have used this old ruling, which states that pregnancy discrimination isn't sex discrimination, to say trans care discrimination is not either.
5. They respond: “gender dysphoria is so intimately related to transgender status as to be virtually indistinguishable from it. The excluded treatments aim at addressing incongruity between sex assigned at birth and gender identity, the very heart of transgender status.”
6. In particular, they point out how ridiculous the idea is that by just using proxies, you could get around anti-discrimination laws... so for instance, using "XX" or "XY" as a proxy to allow for sex discrimination laws because you don't use "male" or "female"
7. The court also rebuked recent arguments that Bostock applies only to "limited Title VII employment claims," a favorite argument of the far right on trans issues.
8. Ultimately, the court ruled exclusions on trans care violate Equal Protection, and the West Virginia Medicaid Program violates the Medicaid Act and the anti-discrimination provisions of the ACA.
9. This case will have national impacts and states recognize that.
21 Republican States filed an Amicus Brief supporting discrimination towards trans healthcare.
17 Democratic states filed briefs against.
10. It seems likely that this ruling will be used to challenge gender affirming care bans in West Virginia and North Carolina, which are under the Circuit Court's jurisdiction.
And this week, South Carolina is hearing a similar ban.
11. This decision is the latest in a web of legal battles concerning trans people. Earlier this week, the 4th Circuit also ruled Title IX protects trans students. On the other side, the Supreme Court narrowed a ruling, but not on the constitutionality of care itself.
12. Stay with me to keep up to date about transgender legislation, rulings, cultural issues, and more.
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