U.S. Military’s Refusal to Cover Gender Transition Surgery Violates Constitution, Obama Judge Rules

November 07, 2024

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The U.S. military’s health insurance plan is discriminatory and violates Equal Protection rights under the Fifth Amendment of the United States Constitution by failing to cover costly gender transition surgeries, an Obama-appointed federal judge ruled days ago. Two transgender women sued the Department of Defense (DOD), the U.S. Defense Health Agency, Secretary of Defense Lloyd J. Austin III and the agency’s Tricare Health Plan over a provision that bans surgical coverage of procedures that improve physical appearance without a significant restoration of functions, including “sex gender changes.” The biological males, who want to be female, claim in their lawsuit that denying coverage of medically necessary gender transition surgeries violates their Constitutional Equal Protection rights, a guarantee that requires the government “to treat alike all persons similarly situated.”

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