Arizona Judge Orders State to Pay for Gender-Affirming Surgery in Landmark Ruling
PHOENIX — In a landmark ruling, a federal judge has ordered the state of Arizona to permanently cover the cost of gender-affirming surgery for its employees and retirees. This decision comes in response to a lawsuit filed by Russell Toomey, a transgender professor at the University of Arizona, who sought coverage for a hysterectomy under the state’s insurance plan.
Toomey argued that the surgery was medically necessary for his gender dysphoria, which is defined as a sense of mismatch between biological sex and gender identity. He contended that the state’s insurance policy already covers all medically necessary surgeries and that his procedure fit that category.
In June, Arizona Governor Katie Hobbs signed an executive order directing the Department of Administration to remove the exclusion of gender reassignment surgery from the health care policies available to state and university employees and retirees. This order not only benefited Toomey but also others in similar situations.
However, the judge’s ruling goes beyond the governor’s executive order, making the removal of the exclusion permanent. This ensures that future administrations cannot reinstate the exclusion at any time, providing further relief to affected individuals.
The lawsuit faced opposition from Senate President Warren Petersen and House Speaker Ben Toma, who argued that it was inappropriate for the judge to require the state to permanently cover the cost of such procedures. They claimed that it interfered with the Arizona Legislature’s ability to make future policy decisions.
Despite their objections, Judge Rosemary Marquez maintained that the consent decree, enforceable in federal court, was necessary to solidify the permanent removal of the exclusion.
As part of the ruling, the state has also agreed to compensate the American Civil Liberties Union (ACLU) and the attorneys involved in the lawsuit with $375,000, significantly less than the $500,000 sought. While the judge acknowledged that a significant portion of the relief came from the governor’s executive order, she recognized the diligent work of the attorneys in permanently removing the exclusion.
Russell Toomey, the plaintiff at the center of the case, has expressed his gratitude for the ruling. He emphasized the importance of gender-affirming surgeries for individuals with gender dysphoria, stating that they play a crucial role in aligning one’s physical body with their gender identity.
The judge’s ruling sets an important precedent in Arizona and sends a powerful message of inclusivity and support for transgender individuals.
