The exclusion of coverage for gender-affirming surgery violates the equal protection guarantees of the U.S. Constitution, U.S. District Judge Nancy Torresen ruled November 1. The plaintiffs, two transgender women, successfully argued that the federal law was outdated and did not reflect current medical understanding regarding the necessity of these procedures.
Judge Torresen emphasized that the Defense Department had not demonstrated any compelling governmental interest to justify the exclusion of gender-affirming surgery from Tricare coverage, indicating a disconnect between law and medical necessity.
The case challenges a 1976 federal law that deemed gender-affirming surgeries as merely 'cosmetic' or non-medically necessary, which Judge Torresen rebuffed, affirming that such procedures are vital for the health and well-being of transgender individuals.
In 2016, the Obama administration took a significant step towards inclusion by lifting the ban on military service by transgender individuals, yet Tricare’s coverage rules have lagged behind, limiting access to surgeries that are now recognized as medically necessary.
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