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Court rules WV, NC cannot deny transgender health care for patients with government-backed insurance

The ruling was 8-6 and West Virginia Attorney General Patrick Morrisey said his office plans to appeal the decision

Published: April 29, 2024 1:47pm

Updated: April 29, 2024 2:04pm

A federal appeals court ruled Monday that West Virginia and North Carolina cannot decline to cover certain health care services for transgender individuals with government-sponsored insurance.

According to the Associated Press, the 4th U.S. Circuit Court of Appeals "ruled 8-6 in the case involving coverage of gender-affirming care by North Carolina’s state employee health plan and the coverage of gender-affirming surgery by West Virginia Medicaid."

West Virginia Attorney General Patrick Morrisey said his office plans to appeal the decision that refusing to cover the gender-affirming care is discriminatory. 

“Decisions like this one, from a court dominated by Obama- and Biden-appointees, cannot stand: we’ll take this up to the Supreme Court and win,” Morrisey said.

Two judges reportedly said the case would likely reach the Supreme Court.

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