Appeals Court Says State Health Policies Excluding Transgender Surgeries Violate Constitution

During oral arguments in September, at least two judges said it’s likely the case will eventually reach the U.S. Supreme Court.

An activist on behalf of transgenderism holds up a flag at an event in Atlanta, Ga., on Oct. 12, 2019. Robin Rayne/AP Photo

The U.S. Court of Appeals for the Fourth Circuit ruled against two state-level health policies that exclude so-called “gender-affirming” treatments, teeing up potential review by the U.S. Supreme Court.

Judge Roger Gregory, an appointee of Presidents Bill Clinton and George W. Bush, wrote in his majority opinion that the policies’ exclusion of surgeries such as vaginoplasties for certain diagnoses violated the Equal Protection Clause of the 14th Amendment.