Wednesday, August 29, 2018

Wisconsin to Cover Transgender Treatment, in a Decision Reversing the Prior Law




The insurance board that manages Wisconsin's health coverage for public works, Group Insurance Board, voted 5-4 to overturn its current policy to bar treatment "related to gender reassignment or sexual transformation." This comes as a huge win for transgender rights activists in the state and across the country. The Obama era policy to bar discrimination based on gender identity had been previously ignored by the Group Insurance Board amid pressures from state officials. This decision comes amid suspicions that the Trump administration will put out a new rule, overturning the Obama administration's rule, regarding gender identity based discrimination. 

  1. Do you think that discrimination for gender identity and sexual orientation should be protected by federal law? Do you think it is already covered by Title IX?
  2. Should public insurance cover gender reassignment surgery?


8 comments:

  1. I think that federal law should protect against discrimination of gender identity and sexual orientation because otherwise organization´s promises and policies are not sufficient protection. Additionally, I think Title IX does not cover gender identity, as it addresses discrimination based on sex. Sex and gender identity/sexual orientation are different things, so it is easy to take advantage of lack of specification in Title IX. I think gender reassignment surgery is a personal choice and cosmetic surgery, and one that someone can live without. So I do not think public insurance should cover it, but I think that individual companies or organizations can provide insurance policies that cover gender reassignment surgery to their employees that apply/need it.

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  2. I think the federal government should act upon what is covered by title ix, so in this case a public insurance group should not be able to lawfully discriminate against trans persons. I do think that private organizations do still have their rights to deny service to those who they see fit, but that is up another vein of discussion. I do not believe public insurance should cover gender reassignment surgery, as I do not believe it really contributes in a large degree to the public good. If another organization looks to provide for it and gets the funding, they should not be stopped from doing so.

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  3. I believe federal law should definitely protect against the discrimination of gender identity and sexual orientation just as the federal government should protect against the discrimination of anyone. Currently, Title IX, while it does attempt to protect discrimination based on sex, only covers the educational portion of this discrimination. When it comes to public insurance covering gender reassignment surgery, I believe the insurances should apply the same rules they have for general cosmetic surgery to gender reassignment surgery. Although gender reassignment surgery can hold a deeper meaning rather than general cosmetic surgery, if all insurances cover it, it may be taken advantage of by those who are not transgender and are doing it for their own personal desire.

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    1. It seems unlikely that someone would "take advantage" of gender reassignment surgery. I don't think someone who is not transgender would undergo the surgery. I don't know the details regarding the exact guidelines to what public insurance covers, but gender reassignment surgery seems like it should qualify. It's a procedure that, while possible to live without, can dramatically improve one's mental health and overall happiness.

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  4. I agree with the previous commentators in that federal law should protect against discrimination of gender identity and sexual orientation. However, some has noted that gender reassignment surgery should not be covered by insurance in saying that it is a cosmetic surgery. Yet, gender reassignment surgery goes much further than general cosmetic ones. The people who want this surgery feel as if they have been born in the wrong body and staying in their original bodies and maintaining that mentality could be detrimental to their mental health and how they view themselves. Therefore, if people don't have enough money for the surgery and it isn't covered by their insurance, they will be stuck and miserable. Also, people say that individuals may take advantage of this, but someone who didn't genuinely feel this way would make such a commitment just because they can. This is a surgery that many can't live without and should not be taken lightly.

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  5. I agree witht the above commentors in that I believe federal law should protect against discrimination of gender identity and sexual orientation . I also think that Title IX does not cover gender identity. Title IX protects against sex-based discrimination, however sex and gender identity are separate issues. It can be easy for companies to take advantage of loopholes / a lack of specificity in Title IX and continue with the mistreatment of transgender individuals. I agree with Sophie that gender reassignment surgery is a personal choice and cosmetic surgery, and one that someone can live without and that it does not need to be covered by public insurance, especially because it is so costly. However, I think that individual companies or organizations should try to provide insurance policies that cover gender reassignment surgery to their employees that desire it.

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  6. The United States currently possesses many state and local laws that protect against discrimination against to gender identity and sexual orientation. While this already reflects progress in our society, I believe this protection should extend to a federal level due to its direct correlation to the fundamental right of equal representation and opportunity regardless of identifying factors. That being said, I believe public insurance should expand to cover gender reassignment surgery. Those who choose to identify with a different gender than that which they are born should have the right to make the proper transition without the barrier of wealth. In addition, just as insurance companies support the improvement of those suffering with mental health complications, they must consider the mental state of people who are unable to express the identity they wish to possess. Allowing for the aid of gender reassignment surgery through insurance would improve the mental state of those experiencing this transition and help them biologically match the gender they truly and mentally identify with.

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