The last decade has seen lot of progress for the LGBTQ community, but legalizing same-sex marriage hasn’t given the queer community all of the protections it absolutely needs. Trans people are still especially vulnerable to discrimination, ranging from being denied employment to struggling to find safe housing. Another obstacle? Accessing medical care—and having health insurance companies actually pay for it.
Russell Toomey, a professor at the University of Arizona, has just filed a class-action lawsuit against the state of Arizona for just this situation. He alleges that exclusions in his health insurance coverage stop him from accessing health care that would be covered for a cisgender person.
In an op-ed on the ACLU site (which is representing Toomey), the professor broke down his dilemma. He states that the health care plan in question violates his civil rights because it excludes trans people on the basis of their sex. The ACLU also arguing that the state is violating the 14th Amendment’s equal protection clause.
Specifically, in Toomey’s case, he was denied a hysterectomy. Why did he need one? His health care provider prescribed it as a treatment for his gender dysphoria, making it medically necessary. He’s been trying to get coverage approval for the surgery since June 2018.
In the past, Toomey paid for a double mastectomy out of his own pocket.
In his own words, Toomey explains:
“On Wednesday, I filed a class-action lawsuit against the state of Arizona and the Arizona Board of Regents, which oversees the state’s universities, to rectify the damage done to transgender state employees, like me, and dependents… The fact that the state of Arizona’s health insurance coverage categorically excludes transition-related surgery is a violation of federal civil rights laws and the U.S. Constitution.”
Unfortunately, Toomey’s situation isn’t unique. Trans people face disturbingly high rates of discrimination and abuse in medical settings.
According to the “National Transgender Discrimination Survey: Report on Health and Health Care” report from the National Gay and Lesbian Task Force and the National Center for Transgender Equality, 50 percent of survey respondents reported having to teach their medical providers about trans issues. Almost one in five reported being refused care because of their gender identity, and almost 30 percent reported experiencing harassment in medical settings.
Three in 10 trans people also reported postponing medical care because of discrimination or disrespect, including when they were sick or injured.
Surveys have shown that gender-affirming medical care (such as a hysterectomy or mastecomy) can significantly improve quality of life. This is no small detail for a population that has a disproportionately high risk of suicide attempts, depression, and substance abuse.