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Judge Rules That the Transgender Care Policies in These States Are 'Discriminatory'

AP Photo/Armando Franca

In recent years, many states have passed laws surrounding the transgender agenda. This includes laws restricting transgender athletes’ participation in women’s sports, laws regarding which restrooms transgender students can use in public schools, and transgender health care coverage. 

Predictably, left-wing activists push back on policies like these.

On Monday, a federal appeals court ruled that West Virginia and North Carolina’s refusal to cover certain health care for transgender people with government-sponsored health insurance is discriminatory. 

According to the Associated Press, the Richmond-based 4th U.S. Circuit Court of Appeals ruled 8-6 in the case. The case involved the coverage of so-called “gender-affirming care” by North Carolina’s state employee health plan and the coverage of irreversible sex reassignment surgery by West Virginia Medicaid.

“The coverage exclusions facially discriminate on the basis of sex and gender identity, and are not substantially related to an important government interest,” Judge Roger Gregory wrote in the majority opinion. Reportedly, Gregory was first appointed by former President Bill Clinton and re-appointed by former President George W. Bush.

The case is likely headed to the Supreme Court, as West Virginia Attorney General Patrick Morrisey told the outlet that his office plans to appeal the decision (via AP):

During oral arguments in September, at least two judges said it’s likely the case will eventually reach the U.S. Supreme Court. Both states appealed separate lower court rulings that found the denial of gender-affirming care to be discriminatory and unconstitutional. Two panels of three Fourth Circuit judges heard arguments in both cases last year before deciding to intertwine the two cases and see them presented before the full court.

Earlier this month, a federal appeals court struck down a West Virginia law that protected female athletes from male athletes who think they are women, which Townhall covered. The 4th U.S. Circuit Court of Appeals ruled 2-1 to halt the law, which prevents so-called “transgender” athletes from competing on teams that align with their “gender identity” in the state’s public schools and colleges. 

Shortly after, several middle school girls were forced to compete against the biological male who thinks he’s a woman who was at the center of the case. In response, the girls boycotted the competition, which Townhall also covered.

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