Judge: Georgia county can’t deny gender surgery to deputy

The case includes Sgt. Anna Lange, an investigator within the center Georgia county who started her transition in 2017 after being recognized with gender dysphoria.

“I can confidently transfer ahead with my life understanding that gender affirming care is protected underneath federal legislation,” Lange mentioned in an announcement launched by the Transgender Authorized Protection & Training Fund, which represented her. “This determination shouldn’t be solely a private victory, however an incredible step ahead for all transgender Southerners who’re looking for insurance coverage protection for medically obligatory care.”

David Brown, authorized director for the fund, informed The Atlanta Journal-Structure that the ruling is believed to be the primary of its type within the South.

Neither Talton nor the county’s attorneys responded to requests for remark.

Treadwell wrote in his order that Lange, a 16-year-employee, informed the sheriff and different county officers in 2018 that she wished to start dressing as a lady at work, whereas inquiring about whether or not Houston County’s well being plan would cowl gender reassignment surgical procedure.

Sheriff Cullen Talton, first elected sheriff in 1972, initially took it as a joke, Treadwell wrote, after which mentioned he doesn’t “consider in intercourse modifications,” earlier than in the end granting permission for Lange to decorate as a lady, however warned she would want “robust pores and skin” to take care of her coworkers.

However the county well being plan had excluded intercourse change surgical procedure and medicines since 1998. Lange was denied authorization for surgical procedure in November 2018 after county personnel director Kenneth Carter informed the insurer the county wished to maintain the exclusion, despite the fact that the insurer had suggested Houston County in 2016 that the rule was discriminatory underneath the federal Reasonably priced Care Act.

County commissioners voted unanimously to maintain the exclusion in 2019, after Lange had requested them to pay for the surgical procedure in a public assembly, claiming they had been making an attempt to maintain medical health insurance prices low. The surgical procedure she was looking for was estimated to value $25,600 on the time.

Treadwell discovered it is undisputed that Lange’s surgical procedure “medically obligatory” and questioned whether or not the priority about prices was only a smokescreen to discriminate in opposition to Lange.

“Definitely, the county now professes concern about prices, however that argument is undercut by the undisputed undeniable fact that the county constructed its value protection after the very fact,” Treadwell wrote.

However the choose mentioned the Supreme Court docket made clear in a 2020 case that treating somebody in a different way as a result of they’re transgender violates a piece of the Civil Rights Act of 1964 prohibiting discrimination on the idea of intercourse. For instance, the choose famous the county well being plan would pay for a mastectomy for most cancers remedy, however to not deal with gender dysphoria.

“Discrimination on the idea of transgender standing is discrimination on the idea of intercourse and is a violation of Title VII,” the choose wrote.

Lange’s case shouldn’t be but over. Treadwell should nonetheless rule on what cures are acceptable. He additionally denied Lange’s claims for cash damages and for discrimination underneath the Individuals with Disabilities Act.

Public data obtained by Lange’s attorneys present the county has spend greater than $690,000 defending the case.

“It simply reveals the size individuals are nonetheless keen to go to discriminate in opposition to transgender folks,” Lange informed the Journal-Structure.