Morrisey takes sex-reassignment surgery ruling to Supreme Court

BRIDGEPORT, W.Va (WDTV) - West Virginia Attorney General Patrick Morrisey is backing the state’s decision not to cover sex-reassignment surgeries under its Medicaid plan and taking the case to the U.S. Supreme Court.

Morrisey made the announcement in a news conference in Bridgeport Thursday following an 8-6 decision from the U.S. Court of Appeals for the Fourth Circuit in April that said the exclusion of the surgery violated the Equal Protection Clause, the Medicaid Act, and the Affordable Care Act’s non-discrimination provision.

Morrisey said states have wide discretion to determine what procedures their programs can cover based on cost and other concerns under Medicaid and that West Virginia should have the ability to determine how to spend their resources to care for the “vital medical needs of their citizens.”

“Just one single sex-reassignment surgery can cost tens of thousands of dollars — taxpayers should not be required to pay for these surgeries under Medicaid,” Morrisey said.

Read a copy of the SCOTUS filing here.