Colorado Joins Brief Supporting Transgender Healthcare Rights

DENVER — Colorado Attorney General Phil Weiser has joined a coalition of 17 states and the District of Columbia in filing an amicus brief supporting Section 1557 of the Affordable Care Act.

The case, Kadel v. N.C. State Health Plan (Docket No. 20-1409) is being heard before the 4th Circuit Court of Appeals in Richmond, Virginia.

The plaintiffs are suing the North Carolina State Health Plan for denying health coverage for gender dysphoria or other gender-affirming treatment, and are arguing that Section 1557 of the Affordable Care Act (ACA) protects transgender individuals from discrimination in healthcare and thus requires the State to provide them with that coverage.

Colorado’s amicus filing is in support of the plaintiffs’ suit.

“All people should have access to healthcare, period. This includes transgender individuals who have a right to live their lives with dignity, free from discrimination,” said California Attorney General Xavier Becerra, who is leading the filing. “In California, we have laws that protect transgender Americans from discrimination in accessing state services and benefits, including healthcare. We’ve seen the positive outcome that ensuring equality brings to our communities. We will continue to fight for equality for all transgender Americans.”

The ACA provides millions of Americans with access to quality, affordable health insurance coverage. It also prevents discrimination in healthcare through Section 1557, which extends prohibitions on sex discrimination to healthcare programs and services. Section 1557 expressly prohibits health programs and activities receiving federal financial assistance, including medical providers, health systems, and health insurers, from discriminating against individuals on the basis of race, color, national origin, sex, age, or disability.

In the filing, the coalition argues that by denying transgender individuals coverage for gender-affirming treatment and gender dysphoria, the North Carolina State Health Plan not only violated Section 1557’s anti-discrimination mandate but knowingly puts the lives of transgender people at risk by denying them treatment.

The brief also argues that Section 1557 should be applied uniformly across the country in order to protect Americans from discrimination as Congress originally intended. Applying Section 1557 uniformly will give all transgender Americans confidence that they will receive quality healthcare no matter where they are.

Colorado was joined in the filing by the attorneys general of California, Delaware, Hawaii, Illinois, Maine, Massachusetts, Minnesota, Nevada, New Jersey, New Mexico, New York, Oregon, Rhode Island, Vermont, Washington, Wisconsin, and the District of Columbia.

The brief can be viewed in full at : https://oag.ca.gov/sites/default/files/Kadel%20-%20FILED%20Amicus%20Brief%20%28corrected%29%20%282%29.pdf