About the Tracker.
In recent years, several states, jurisdictions, public entities, and private companies have imposed severe limitations on access to gender affirming care, or GAC. These bans are rooted in the false belief that GAC is harmful, unmedical, and immoral. In reality, GAC is medically necessary healthcare that can dramatically improve the lives of those who seek it.
As a transgender attorney - and someone whose life has been dramatically improved through GAC - I am deeply invested in helping others access GAC. My career as a civil rights litigator, my love of writing, and my commitment to using my power to advance and advocate for queer liberation, are the driving forces behind this project.
Follow along. I’m so happy you’re here.
Trans Healthcare & Employment
After the 2020 Supreme Court decision Bostock v. Clayton County, employers could no longer discriminate against employees on the basis of sexual orientation and gender identity. This means that employers cannot deny employment privileges — like insurance coverage — to trans employees, simply because they are trans. The fact that medical insurance in America is often tied to one’s employment is what makes trans healthcare an employment issue. Trans healthcare cases are often brought under Title VII of the 1964 Civil Rights Act, which prohibits discrimination in employment, as well as the Americans with Disabilities Act (ADA), the Affordable Care Act (ACA), and state-level anti-discrimination laws.
There are a growing number of cases that deal with employers’ refusal to provide insurance coverage to trans employees seeking coverage for GAC. Overwhelmingly, these cases result in favorable verdicts for the plaintiffs. Still, many employers, either through ignorance or bigotry, continue to violate employees’ federal rights by denying coverage for medically-necessary GAC.
A note on terminology
Gender-affirming care (GAC) is not specific to trans people, though it is often only spoken of in that context. The truth is that many people, including cisgender people, pursue GAC for a variety of reasons. Examples of GAC that are not specific to trans people are hormone therapy, fertility treatment, hair growth treatment, and breast reduction for AMAB men with with gynecomastia.
Because GAC is not specific to trans people, I use the term “trans healthcare” to refer to any medical treatment sought by trans or gender non-conforming individuals to aid in their transition and/or gender presentation. This encompasses any treatments that address gender dysphoria, a medical condition defined as a “marked incongruence between one’s experienced/expressed gender and natal gender.” DSM-5. Though not all trans people experience gender dysphoria, many do — including all of the plaintiffs at the heart of the cases discussed on this page.
Some short-hand:
AMAB - assigned male at birth
AFAB - assigned female at birth
NB/enby - nonbinary
Queer - an umbrella term describing anyone who is not heterosexual & cisgender
Nothing on this site should be interpreted as legal or medical advice. All opinions shared on this site belong to the author, and are not affiliated with any person or institution other than the author.
While this project endeavors to provide the most accurate, up-to-date information on developing legal cases, mistakes may occur. If this happens, you can contact me through the contact tab above.
If you are upset with this website because you don’t believe that trans people should exist, please send your thoughts and opinions, in full, to nobodygivesashit@aol.com.
Love always,
Mack (they/them)