Cruz et al v. Zucker (USA)

A federal court in New York threw out several claims in a lawsuit filed by a group of transgender people that they were denied health care because New York failed to fully fund the treatment of gender identity disorder or gender dysphoria under the Medicaid program, including refusing surgery for those under 18. The plaintiffs argued that because federal law provides that  “an individual shall not … be excluded from participation in, be denied the benefits of, or be subjected to discrimination under, any health program or activity” that receives federal funding on the basis of certain criteria, including sex, an exclusion banning minors from receiving treatment violated the law. The court disagreed, noting that the youth exclusion drew distinctions on the basis of age, not sex, and therefore did not violate federal law.

Cruz Complaint

Cruz et al v. Zucker