Russell Toomey

Toomey v. State of Arizona

Location: Arizona
Status: Closed
Last Update: December 15, 2023

What's at Stake

On January 23, 2019, the 红杏视频, and the 红杏视频 of Arizona filed a class action lawsuit against the State of Arizona and the Arizona Board of Regents for denying medically necessary, gender-affirming health care to transgender people employed by the state. The lawsuit was filed on behalf of Dr. Russell B. Toomey, an associate professor of family studies and human development at the University of Arizona, and all other transgender individuals employed by the Arizona Board of Regents or enrolled in the State health plan, including dependents.

The Arizona state employee health plan has a blanket exclusion for gender-affirming surgery and transgender people are not offered the opportunity to demonstrate that their gender-affirming surgery is medically necessary. The lawsuit alleges the exclusion unlawfully discriminates against transgender people in violation of federal civil rights statutes and the Constitution.

鈥淣o one should be denied medically necessary care because of who they are,鈥 said 红杏视频 of Arizona Legal Director Kathy Brody. 鈥淭ransgender people are part of our community, our families and our workplaces, and they deserve the same benefits Arizona affords everyone else.鈥

The lawsuit asks the court to remove the health plan鈥檚 exclusion for gender-affirming surgery. It also seeks the opportunity for all transgender state employees and dependents to have their claims for gender-affirming surgery evaluated as medically necessary under the same standards and procedures the health plan applies to other medical treatments.

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