Plaintiff Gerda Zinner

 

U.S. District Court for the Middle District of Tennessee

Case no. 3:23-cv-00535

STATUS: ONGOING


BACKGROUND

On May 25, 2023, Plaintiffs Gerda Zinner and Story VanNess brought suit against the State of Tennessee, alleging that the state’s public employee health benefits program unlawfully deprived both women of coverage for essential medical services because they are transgender. Specifically, they alleged that the policy violates the Fourteenth Amendment Equal Protection Clause, as well as Title VII and Title IX of the 1964 Civil Rights Act.

On May 1, 2024, the plaintiffs’ filed a notices of supplemental authority, citing the 4th Circuit’s recent landmark decision in Kadel v. Folwell, and the 11th Circuit’s recent landmark decision in Lange v. Houston County. The state responded, and argued that the claims that prevailed in Kadel and Lange were inapposite; in any case, they were rejected by the 6th Circuit in L.W. v. Skrmetti.

Currently, the parties are awaiting a decision on the Defendants’ Motion to Dismiss, which the Plaintiffs opposed in January and February of 2024.


FILINGS BY THE PARTIES

Amended Complaint - Nov 22, 2023

State Defendants’ Mot. to Dismiss - Dec 6, 2023

Plaintiff’s Resp. to Mot. to Dismiss - Jan 10, 2024

Defendants’ Reply - Jan 24, 2024

Plaintiffs’ Surreply - Feb 1, 2024

FILINGS BY NON-PARTIES

Statement of Interest in Support of Plaintiffs (Dep’t of Justice, Civil Rights Division) - Sep 26, 2023

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