Jennifer Blair, a transsexual woman, is suing Women’s Wellness Connection, a Colorado state-run healthcare program, for declining to give him a free mammogram because he is actually male. The program is run out of Planned Parenthood.
We expect to see this lawsuit in all 50 states plus D.C., as the United States Centers for Disease Control and Prevention (CDC) pays for the program and only covers clients who are “genetically female.” Blair is also suing the CDC based on the anti-discrimination provision of the Patient Protection and Affordable Care Act (ACA), which prohibits the CDC from discriminating based on sex in its funding decisions. The U.S. Department of Health and Human Services has clarified that sex-based discrimination that is prohibited by the ACA includes discrimination on the basis of gender identity and sex stereotypes.
Ask Dr. Miller Flier that states the mammograms are for “genetic females.”