State group health plan ban on trans care violates civil rights, Judge rules

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Florida’s transgender health care ban discriminates against state employees and violates federal civil rights federal district Judge Mark Walker ruled.

The case challenging the longstanding ban was brought against the Department of Management Services (DMS) by three current and former transgender state employees who say they were denied medically necessary treatment for their gender dysphoria.

Jami Claire is a Navy veteran who worked for the University of Florida College of Veterinary Medicine for over 30 years. Kathryn Lane serves the state of Florida as an appellate public defender. Ahmir Murphy worked as a corrections officer and sergeant for the Florida Department of Corrections for more than 10 years.

Walker ruled that “(b)ecause health and pension benefits frequently represent a crucial component of an employee’s compensation, the practical effect of denying or reducing such benefits on the basis of sex is to deny the employee an ‘employment opportunity’ on the basis of sex.”
The court will schedule a trial to determine the amount of plaintiffs’ damages.

Plaintiffs’ counsel Simone Chriss, Director of the Transgender Rights Initiative at Southern Legal Counsel, lauded the ruling in a statement.

“We are so grateful that the court is holding the state accountable for its facially discriminatory policy that carves out transgender state employees for unequal treatment,” Chriss said.

“There is no nondiscriminatory reason for the state to categorically deny coverage of safe, effective, medically necessary treatment only when it is needed to treat gender dysphoria but not for the treatment of any other condition. As the court made clear, ‘Title VII prohibits all forms of discrimination because of sex, however they manifest themselves,’ and we are thrilled that this antiquated relic of state-sanctioned discrimination has been left in the past where it belongs.”

Jeffrey Hearne, chief advocacy officer at Legal Services of Greater Miami, said the decision is “one step on the road to a Florida without discrimination, and it highlights the vital importance of access to medically necessary healthcare.”

Carrie McNamara, staff attorney for the ACLU of Florida, said the longstanding ban in the state group health plan was “blatant discrimination” and added that the ACLU is “overjoyed that the Court said so in this week’s ruling.”

Samantha Past, staff attorney for the ACLU of Florida, said the plaintiffs had dedicated their careers to bettering Florida while being denied care. “Discrimination has no place here, and we are hopeful that this decision will encourage a commitment from the state to treating members of our transgender community with the respect they deserve and reciprocating their care and devotion to the state of Florida,” she said.