West Virginia is asking the US Supreme Court to consider transgender surgery Medicaid coverage case

Associated Press

CHARLESTON, W.Va. (AP) — West Virginia is asking the U.S. Supreme Court to review rulings that found the state’s refusal to cover certain health care for transgender people with government-sponsored insurance is discriminatory. Republican Attorney General Patrick Morrisey said the state filed its request with the high court on Thursday. In April, the Richmond-based 4th U.S. Circuit Court of Appeals ruled 8-6 in the case involving coverage of gender-affirming surgery by West Virginia Medicaid. It found that the “coverage exclusions facially discriminate based on sex and gender identity,” according to a majority opinion penned by Judge Roger Gregory. West Virginia had argued that states with limited resources should have discretion on how to utilize those resources.