On December 20, the ACLU of Washington filed a lawsuit in the Superior Court of Washington for King County against Swedish Health Services (“SHS”) on behalf of Ari Robbins, who identifies as a transgender man. The complaint alleges SHS abruptly canceled Robbins’s chest reconstruction surgery without plausible explanation in violation of the Washington Law Against Discrimination and the Washington Consumer Protection Act.
According to the complaint, Robbins was “forced to continue binding for many more months, causing him physical pain that affected his schoolwork and personal life” after SHS canceled Robbins’s procedure. The complaint defines binding as “a form of medical treatment that maintains psychological well-being by allowing them to interact with the world consistent with their male identity and to see themselves and be seen by others as male.” The complaint also states that binding is painful, causing Robbins to experience “shortness of breath, chest pain, soreness, rashes, severe neck and back pain, headaches, and bruised ribs.” The complaint fails to state how SHS “forced” Robbins to continue this practice, yet alleges the “severe headaches and neck pain from wearing the binder … intensified” after the surgery was canceled. Additionally, the complaint alleges SHS caused Robbins to have to “drive to Idaho in the midst of law school final examinations” to reschedule the “much-needed” procedure.
The ACLU of Washington recently filed a similar lawsuit in federal court, alleging the parents of a 17-year-old child were “forced” to take out a second mortgage on their house and use their child’s college savings to pay for her “medically necessary” chest reconstruction surgery.
Robbins v. Swedish Health Services, Inc. — complaint, filed December 20, 2017
New lawsuit: local hospital denied surgery to trans patient
The ACLU recently filed a federal lawsuit in the U.S. District Court in Seattle on behalf of Pax Enstad, a 17-year-old who identifies as a transgender boy, against Pax’s mother’s former employer, PeaceHealth St. Joseph Medical Center (“PeaceHealth”), alleging sex and gender identity discrimination in violation of the Patient Protection and Affordable Care Act, and the Washington Law Against Discrimination.
“The Plan singles out transgender beneficiaries for unequal treatment by categorically depriving them of all medical care for gender dysphoria, regardless of whether those treatments are medically necessary.”
According to the complaint, Pax was diagnosed with gender dysphoria, and “[i]n accordance with widely accepted standards of care, Pax’s doctors prescribed testosterone hormone therapy and chest reconstruction surgery to bring his body into greater alignment with his gender identity and alleviate the clinically significant distress.”
“On September 6, 2016, Pax’s surgeon requested preauthorization for the Plan to cover his medically necessary chest reconstruction surgery.” The next day, the Enstad’s were informed that their health plan did not include “coverage for any transgender services.” On September 20, 2016, Pax “underwent a medically necessary chest-reconstruction surgery.”
The complaint contends that “[a]s a result of the exclusion for “transgender services,” Cheryl and her husband were forced to pay over $10,000 for the medically necessary care that Pax needed. In order to do so, she had to use some of Pax’s college savings funds and take out a second mortgage on her house” (emphasis added).
The lawsuit seeks relief in the form of a declaration that PeaceHealth’s employee health plan, which declines to cover “transgender services,” violates state and federal laws that prohibit sex discrimination. It also seeks unspecified compensatory and punitive damages for the plaintiffs.
Washington state family sues medical center for refusing services to transgender son — Seattle Times
Enstad v. PeaceHealth — ACLU
Rowan Feldhaus was a woman who identified as a man. She died from septic shock after having a hysterectomy. Although less than 1 percent of women die each year from hysterectomy, surgical complications, including sepsis, can kill you. Surgical patients have a 30% chance of a complication (typically infection or fever) while in the hospital. Some 1 million people go into septic shock after surgery each year, and almost half of them die.
Transgender activists never discuss how serious hysterectomy is, and, instead, treat the subject matter quite flippantly, as the following tweets demonstrate:
Feldhaus’ legacy also includes getting Georgia courts to grant name changes for transgender people.
Rowan Feldhaus, who won transgender court fight, dies after surgery
What rights do transgender people have to change their names_ _ Society _ The Guardian
Judge says no to transgender man’s request to change name
Georgia appeals court orders transgender name changes
Denial of Name Change opinion
A woman named Evan Michael Minton is suing Mercy San Juan Medical Center, a Catholic hospital, because the hospital did not want to perform a hysterectomy on her to advance the fiction that she is a man. Another hospital in the same hospital system later did perform the surgery. Minton claims that Catholic doctrine oppresses her and causes her damage. Minton, through her counsel, the American Civil Liberties Union, fails to note that the First Amendment of the U.S. Constitution guarantees freedom of religion to all people.
Transgender patient sues Dignity Health for discrimination over hysterectomy denial _ The Sacramento Bee
The Tennessee General Assembly recently passed a bill known as HB 1840 that “declares that no person providing counseling or therapy services shall be required to counsel or serve a client as to goals, outcomes, or behaviors that conflict with a sincerely held religious belief of the counselor or therapist.” Under this bill, counselors who refuse services must “coordinate a referral of the client to another counselor or therapist who will provide the service.” If Governor Bill Haslam adds his signature, Tennessee would become the only state with such a law, according to the American Counseling Association (a group whose code of ethics states that mental health professionals cannot refuse treatment on the basis of “personally held values, attitudes, beliefs, and behaviors”).
Gender Identity Watch opposes this bill.
Tennessee Passes Anti-LGBT Counseling Bill
Lisa Scott, a man who identifies as a woman, is suing CSL Plasma, Inc. (“CSL”), claiming “she attempted to give plasma at a collection center run by CSL but was rejected because she is transgender.” Although Scott submitted a request for a summary judgment, District Court Judge Joan N. Ericksen denied that motion, “on the ground that there was a genuine dispute of material fact on the record before the Court as to why Scott was rejected.” This case is set to begin trial on March 7, 2016.
Scott v. CSL Plasma, Inc.
A transgender man, who is a Medicaid-eligible resident of Delaware County, Pennsylvania, has filed a lawsuit against the PA Department of Human Services Secretary, Theodore Dallas. The lawsuit, filed under the pseudonym “John Doe,” claims that the denial of Doe’s request for a hysterectomy to treat gender dysphoria (“GD”) constitutes a violation of civil rights, citing “The Medicaid Act mandates that a state plan provide for making medical assistance available to all categorically needy individuals by providing, at minimum, medically necessary physician, hospital and other services, and also provide, at a minimum, payments for such services…” The lawsuit also specifies “Medically necessary procedures for GD Treatment may include hormone or other prescriptions, therapy, Gender Confirmation Surgery (“GCS” or “bottom surgery”), breast implants or removal (“top surgery”), and others, including hysterectomy, genital reconstruction, and plastic surgery, as appropriate and prescribed and medically necessary for the particular person.” Although gender reassignment surgeries have not been covered by Medicaid historically, the federal Department of Health and Human Services lifted the official ban on coverage of these treatments in May 2014. Doe’s lawsuit seeks not only compensatory and punitive damages and Medicaid coverage of treatment for Doe’s GD, but also asks the judge to end the state’s ban on covering treatment for GD for other Medicaid-eligible individuals.
Transgender man sues state to pay for hysterectomy – The Morning Call
A Woman is suing her employer because her employer-paid health insurance will not pay for transition costs for her daughter, who identifies as a boy.
Minnesota woman filing a lawsuit against employer because company’s insurance won’t cover transgender son’s hormone therapy _ WDAY