Two women in Tennessee are suing the state over health insurance for public employees after learning that the state’s health care policy specifically excludes gender-affirming care coverage.
The plaintiffs in the lawsuit, Gerda Zinner and Story Vanness, discovered a gap in coverage after insurance denied coverage for surgery they planned to correct their gender dysphoria.
“It’s very similar to what you see in any of the studies you read about anxiety, depression, increased risk factors,” Van Ness said at a news conference Thursday morning. “That’s what I’m going through. Gender dysphoria is very powerful and I haven’t been able to find medical care that gives me proper access.”
The lawsuit alleges that state policy excludes treatment “otherwise covered” unless it is “for or related to sex reassignment,” which plaintiffs believe is discriminatory. It claims to be unconstitutional.
Van Ness worked as a special education teacher in Knox County Public Schools from 2016 to 2022, and Jinnah is an advisor at the University of Tennessee at Chattanooga. Both had access to the Tennessee Civil Service Health Benefits Program through their jobs.
In addition to several Tennessee insurance commissions, the University of Tennessee and the Knox County Board of Education have been named as defendants in the lawsuit along with the state.
“While we have yet to see the case, we look forward to reviewing it and vigorously defending the state,” said Elizabeth Lane, a spokeswoman for the Attorney General’s Office.
A spokeswoman for Knox County Schools was not immediately available for comment Thursday. A spokeswoman for the University of Tennessee System said the university is investigating the lawsuit.
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According to the complaint, the two women filed a gender discrimination complaint with the Equal Employment Opportunity Commission in August 2022 and were each issued a right to action notice from the Department of Justice in May.
“Unlike all of my cisgender colleagues, I, a trans woman, pay for the same health insurance as my colleagues do, and because of this discriminatory exclusion, I do not receive all the care I need. No,” Zinner said. “Being transgender, I’ve been denied treatment that I’ve spent a long time thinking about and discussing with my doctor. We all agree this is the next step.”
Van Ness quit her job last summer, in part because her insurance didn’t cover the transgender procedures she needed.
“It was a rewarding job,” Van Ness said. “It was amazing. I loved my students and they loved me. I made a difficult decision and I am not.” This discriminatory practice allows me to live a healthy and fulfilling life. “
Ezra Cukor, an attorney at the Transgender Law Defense and Education Foundation, representing Zinner and Van Ness in the lawsuit, encouraged the state to settle the lawsuit and expand insurance coverage.
“All the major medical associations have agreed, and employers and insurance companies in the South and across the country have it covered,” Cukor said. “But Tennessee refuses to compensate transgender care for its hard-working employees and their families simply because of who they are.”
The lawsuit was filed in federal court in Nashville. A federal judge ruled against a Georgia county last year In a similar case, the company’s health policy was determined to be discriminatory because it only affected transgender employees. LDEF represented an employee of the Houston County Sheriff’s Deputy in this case.
“Time and again, courts have ruled that denying medical care for being transgender is not only morally wrong, it is illegal,” Cukor said.
Alina Arora and Keenan Thomas of Knoxville contributed to this report.
Lucas Finton is a criminal justice reporter for Commercial Appeal. You can contact him by: [email protected] Follow @LucasFinton on Twitter.
