jury panel Voted 8 to 6 The policies of both countries will be withdrawn.
Although attorneys representing both states argued that their policies were evidence-based; for purely economic reasonsJustice Roger Gregory said in the majority opinion that the restriction was “clearly discriminatory.”
“We affirm the district court because we find that the exemption constitutes facial discrimination based on sex and gender identity and is not materially related to any vital government interest,” Gregory wrote. wrote.
“We further argue that West Virginia’s exclusion violates Medicaid law and the Affordable Care Act.”
the current, More than a dozen states Explicitly exclude gender-affirming care from the state employee benefits system.
West Virginia Attorney General Patrick Morrissey (R) has vowed to take the case to the Supreme Court.
“A decision like this from a court dominated by Obama-Biden appointees is unacceptable. We will take this to the Supreme Court and win,” Morrissey said in a statement.
North Carolina State Treasurer dale falwell (Republican) similarly called Monday’s ruling “out of touch with the reality” of the state’s fiscal situation and said it would “follow every legal avenue available to us to protect the plan and its members.”
Read more about this ruling from The Hill’s Brooke Migdon here.
