This past Monday Ramsey County (MN) Judge William Leary ruled that trans people on medical assistance have the right to gender transition surgeries.

Transman Evan Thomas, 64, had sued the Department of Human Services over the ban on such services that had been in place.

Thomas’ victory was the first legal challenge of the law, which the judge said was unconstitutional.

For many of us, the ability to have the surgeries is a matter of life and death. Feeling you are in the wrong body can be devastating.

--Thomas

Leary rejected the state’s claim that the coverage ban was because of budgetary constraints and that change to the federal medical assistance program in January that will allow such surgeries made the suit moot.

The suit was filed in December by the American Civil Liberties Union of Minnesota (ACLU) on behalf of Thomas and the advocacy group OutFront Minnesota. It challenged the state’s Medical Assistance and MNCare programs for public insurance for low-income residents. Those programs won’t pay for surgeries such as hysterectomies, mastectomies, vaginoplasty and phalloplasty, among others, if they’re related to gender assignment. But they do cover the same surgeries for other medical needs.

The suit alleged that the law discriminated against people who are transgender, infringed on transgender people’s right to privacy and violated the state Constitution.

Changes made to the Affordable Care Act in July would allow transition surgeries, but the state would not have to comply until January 1.

The state allowed transition surgeries for people on medical assistance for 30 years before coverage stopped in 2005.

OutFront Minnesota is delighted by this ruling. And it could have broader impact on protection of transgender people in schools and other state government programs.

--Phil Duran, OutFront Minnesota

Thomas has scheduled a double mastectomy for later this month.

I’m so happy we won. The judge’s ruling is a forceful statement that transgender people deserve equal treatment under the law.

Right now, when we’re suddenly facing a path that’s so much rougher than it looked a few days ago, this victory looks even more important.

--Thomas