US District Court Judge Rosemary Marquez confirmed the final consent decree in the landmark case Toomey v. State of Arizona earlier this week, officially prohibiting the withholding of gender-affirming care within state health insurance plans. The case was undertaken by Russell Toomey, an Associate Professor at the University of Arizona, who claimed that the denial of coverage for his transition-related care was tantamount to discrimination based on sex, contravening the 1964 Civil Rights Act and the Fourteenth Amendment of the US Constitution.
The historic decree embraces four pivotal provisions, mandating the permanent inclusion of gender-affirming care in state health schemes. Consequently, requests for coverage of gender-affirming treatments and surgeries will be reviewed in a manner similar to other forms of health coverage. Furthermore, the state health plans will no longer uphold any statutes or rules conflicting with the consent decree. Lastly, the plaintiff’s legal expenses will be covered by the state.
This decisive ruling follows a protracted legal battle begun in 2019. Counsel for the plaintiff, the esteemed law firm of Willkie Farr & Gallagher LLP, conveyed their satisfaction with the outcome. Significantly, it was noted that the consent decree permanently inhibits the state of Arizona from excluding gender-affirming care from its employee health plan, bringing the five-year-long litigation to an end.
This milestone is reinforced by an executive order signed by Arizona Governor Katie Hobbs in June, ensuring state health plans cover gender-affirming medical care. The strengthened commitment to inclusivity in healthcare is a considerable step forward for Arizona.
As the world continues to evolve its understanding of gender and identity, these benchmark decisions in the sphere of health coverage offer a blueprint for other states navigating similar challenges. In the light of the rulings, future related cases in the US and around the world will have a strong precedent to guide their course. [Read more]