LGBTQ+ Cases at Fourth Circuit Primed to Influence Future Fights

A pair of cases being argued to the full Fourth Circuit on Thursday will likely influence how other courts assess legal challenges aimed at laws that restrict the right of transgender people to access gender-affirming health care.

The appeals concern a relatively narrow issue—whether a North Carolina employee health plan and West Virginia’s Medicaid program unlawfully discriminate against participants and dependents by excluding payment for some transgender-related health care.

But how the judges shape the arguments could affect nearly all litigation concerning LGBTQ+ rights, including cases involving gender-affirming care bans for minors, school bathroom policies, and limits on transgender athletes’ ...