Marshall files brief urging overturn of ‘radical’ gender-affirming care decision
Alabama Attorney General Steve Marshall and the attorneys general of two neighboring states led a 23-state amicus brief on Monday calling on a federal appeals court to overturn a decision last month finding that employers are liable if the health insurance they provide does not cover gender-affirming care.
A panel of the 11th Circuit U.S. Court of Appeals, which covers Alabama, Florida and Georgia, last month upheld a Georgia court’s ruling that employers can be held liable under Title VII, which forbids employers from discriminating on the basis of race, religion, sex or national origin.
The case involved Sgt. Anna Lange, a transgender sheriff’s deputy in Georgia who sued Houston County, Georgia when her gender-affirming surgery was denied.
Marshall, who described the panel’s decision as “radical,” said the full 11th Circuit should hear and overturn the ruling.
He and the attorneys general of Georgia and Florida led the 23-state amicus brief.
“This case calls out for correction by the full Eleventh Circuit,” Marshall said in a statement. “It is hard to overstate how radical the panel’s decision is. With its interpretation of a federal statute meant to require equal treatment in the workplace, the court fundamentally transformed Title VII to require favored treatment for employees who identify as transgender by mandating coverage for any number of treatments or operations such an employee could want. The court’s rewrite of Title VII will produce wide-ranging consequences for employers, who now face both greater liability and diminished clarity over how far the law extends. The Court must correct this decision.”
Besides Alabama, Georgia and Florida, 20 other states signed on to the amicus brief: Alaska; Arkansas; Idaho; Indiana; Iowa; Kansas; Louisiana; Mississippi; Montana; Missouri; Nebraska; North Dakota; Ohio; South Carolina; South Dakota; Texas; Tennessee; Utah; Virginia; and West Virginia.