I'm not a lawyer, but this is my understanding from having worked in trans health care advocacy for 15+ years, including working with large companies around getting coverage for trans employees. It's possible that I am using terms with lay meanings rather than technical ones, so I appreciate any clarity.
Quote from: Ep on September 20, 2012, 10:46:36 PM
....The ADA specifically covers all health care plans and services, for an insurance company/medical provider (Medicare being one) to ignore that would be a violation of federal law. ...
The Americans with Disabilities Act was written to specifically exclude transsexualism. (Thanks, Jesse Helms.) To wit: "(5) The term disability does not include -- (i) Transvestism, transsexualism, pedophilia, exhibitionism, voyeurism, gender identity disorders not resulting from physical impairments, or other sexual behavior disorders;" Sec.36.104 Definitions. see
http://www.ada.gov/reg3a.html It will be interesting to see how the recent changes in national health care policies and laws affect trans people. (Especially the law about not discriminating in care, from HHS.) But if the example of [non trans] women gives any clues, it will be a very long road. Discrimination on the basis of sex was prohibited in 1964 (workplace, including benefits) and 1972 (students)...yet it is just this year that health insurance companies have been required to provide coverage of contraception.
Quote from: Ep on September 20, 2012, 10:46:36 PM
...Also, jurisdiction in layman's terms refers to a governing legal body or a state/county/city entity which has the legal authority to enforce (draft, interpret, etc) laws in their area. While the legislative body may not have the authority to enforce our civil rights laws, the judicial branch of our government does enforce these laws.
As you have noted, even when civil rights laws exist to protect marginalized groups, our rights and access to equal treatment are easily violated. The years of legal cases, fought at great personal and financial cost, can sometimes -
sometimes - bring about the justice promised by hard-won legislation. Even when cases are won, the appeals process lengthens the duration that a trans person must subject themself to public scrutiny and ridicule, often paying a high price personally, even when the legal fees are covered. Only after those appeals will the judicial branch "enforce" the laws.
For those of us seeking access to health care and life affirming surgeries, those years and sometimes decades of struggle may be just too difficult to survive. And many more trans people cannot even begin to access the legal system which holds a dim promise of access to our civil rights.
So it may be more accurate to restate my point without the word "jurisdiction." The fact that civil rights laws protect transgender people at the state level has no bearing on whether insurance companies, or even subsidized coverage, must cover transgender-related care. Recent federal policies
may start to change that...depending on how the election goes. And the Affordable Care Act might have an impact. But as things are now, the fights have to be won on both fronts. We are making a lot more progress in the private sector, but that benefits people who can get and keep jobs which provide that coverage. (And, as mentioned above, students who go to schools that cover surgeries, if they can navigate the approval and appeal process before they graduate.)
I know this was long - thanks for reading, and if there's something I missed, I'd love to hear about it.