PRACTITIONER BLOG
Read our analyses of developments in Impact Litigation and stay current on class action law
West Virginia Can No Longer Discriminate Against Transgender Medicaid Participants
On August 2, 2022, federal District Court Judge Robert C. Chambers granted affirmative summary judgment for Plaintiffs in Fain et al. v. Crouch et. al, and ruled that West Virginia could no longer discriminate against transgender Medicaid participants by excluding coverage for gender-confirming surgical care. In their complaint, Plaintiffs alleged that West Virginia state health insurance plans deprive transgender people of essential, and sometimes life-saving, health care.
SCOTUS Issues Narrow Decision on Religious Refusal to Support Foster Care by Same-Sex Couples and Declines Opportunity to Create a Broad Right to Discriminate
Many LGBTQ+ advocates feared that the Supreme Court would use the Fulton decision as an opportunity to license discrimination against vulnerable groups on religious bases. Fortunately, the majority decision was narrowly focused on Philadelphia’s contracts with foster care agencies and made no general right for taxpayer-funded foster agencies to discriminate. Today’s decision is an important reminder that the primary responsibility of child services agencies is to help ensure that kids can be in loving homes where they can thrive—including those of LGBTQ families.
REFUSING TRANS PEOPLE HEALTHCARE SERVICES IS SEX DISCRIMINATION, SAY IMPACT FUND AND ALLES IN AMICUS BRIEF TO IOWA SUPREME COURT
EerieAnna (27) and Carol (42) have identified as female since they were young children, and they have both undergone hormone therapy, psychological care, and the legal processes to change their names and genders. When they tried to undertake sex reassignment surgery, however, their health insurance carriers, managed by Iowa’s state Medicaid program, denied them coverage