Eleventh Cir. Seems Split on Employee Plan Trans Care Exclusion

The judges of the Eleventh Circuit were split at oral argument Tuesday on whether a Georgia county’s employee health plan excluding coverage for “sex change” surgery facially discriminates against transgender employees.

The case involves one of today’s hottest issues—whether provisions that treat transgender and cisgender individuals differently in the workplace, health care, schools, and sports violate federal discrimination laws.

Questions and comments from various judges suggested that each has his or her own idea about how the case should come out, making it highly unlikely that the full panel decision will be unanimous.

The judges’ disagreement came out most clearly ...