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63-year-old trans man to sue Minnesota for gender reassignment surgery

Started by stephaniec, December 21, 2015, 10:07:21 AM

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stephaniec

63-year-old trans man to sue Minnesota for gender reassignment surgery

http://www.pinknews.co.uk/2015/12/21/63-year-old-trans-man-to-sue-minnesota-for-gender-reassignment-surgery/

Pink News/Joseph Patrick McCormick    12/21/2015

"A transgender man has announced he will sue the US state of Minnesota to gain access to gender reassignment surgery on public insurance.

Evan Thoma, a 63-year-old trans man will work with OutFront Minnesota, and the American Civil Liberties Union (ACLU)."
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suzifrommd

He better win. I'd hate to think a court setting a precedent with a judicial ruling that GRS is not medically necessary.
Have you read my short story The Eve of Triumph?
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iKate

Quote from: suzifrommd on December 21, 2015, 11:48:29 AM
He better win. I'd hate to think a court setting a precedent with a judicial ruling that GRS is not medically necessary.

Win or loss, it will help.

If different state supremes and judicial circuits have differing opinions then SCT can pick it up.
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Tysilio

QuoteI'd hate to think a court setting a precedent with a judicial ruling that GRS is not medically necessary.

I don't think that's likely to happen, because the issue of medical necessity is irrelevant to the current statute.

MN's public insurance covered GRS for 30 years before the legislature passed the ban in 2005, and those pushing the ban were advised not to include the claim that the surgery was not medically necessary -- because even then, that claim wouldn't have stood up in court.

The state is in a bad position here, because just this November, they issued a directive to private insurers that they must cover GRS in order to do business in Minnesota. In effect, they've told those insurers "Do as we say, not as we do."
Never bring an umbrella to a coyote fight.
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