Chattanooga Times Free Press

Judge: Georgia county must allow deputy’s gender change surgery

- BY JEFF AMY

ATLANTA — A federal judge has found that a Georgia sheriff’s office was illegally discrimina­ting when it denied gender reassignme­nt surgery to a deputy.

U.S. District Judge Marc Treadwell ruled June 2 that Houston County cannot exclude surgery for the transgende­r woman from its health insurance plan, citing a 2020 U.S. Supreme Court decision finding that a Michigan funeral home couldn’t fire an employee for being transgende­r.

The case involves Sgt. Anna Lange, an investigat­or in the middle Georgia county who began her transition in 2017 after being diagnosed with gender dysphoria.

“I can confidentl­y move forward with my life knowing that gender affirming care is protected under federal law,” Lange said in a statement released by the Transgende­r Legal Defense & Education Fund, which represente­d her. “This decision is not only a personal victory, but a tremendous step forward for all transgende­r Southerner­s who are seeking insurance coverage for medically necessary care.”

David Brown, legal director for the fund, told The Atlanta JournalCon­stitution that the ruling is believed to be the first of its kind in the South.

Neither Talton nor the county’s lawyers responded to requests for comment.

Treadwell wrote in his order that Lange, a 16-year-employee, told the sheriff and other county officials in 2018 that she wanted to begin dressing as a woman at work, while inquiring about whether Houston County’s health plan would cover gender reassignme­nt surgery.

Sheriff Cullen Talton, first elected sheriff in 1972, initially took it as a joke, Treadwell wrote, and then said he doesn’t “believe in sex changes,” before ultimately granting permission for Lange to dress as a woman, but warned she would need “tough skin” to deal with her coworkers.

But the county health plan had excluded sex change surgery and drugs since 1998. Lange was denied authorizat­ion for surgery in November 2018 after

county personnel director Kenneth Carter told

the insurer the county wanted to keep the exclusion, even though the insurer had advised Houston County in 2016

that the rule was discrimina­tory under the federal Affordable Care Act.

County commission­ers voted unanimousl­y to keep the exclusion in 2019, after Lange had asked them to pay for the

surgery in a public meeting, claiming they were trying to keep health insurance costs low. The surgery she was seeking was estimated to cost $25,600 at the time.

Treadwell found it’s undisputed that Lange’s surgery “medically necessary” and questioned whether the concern about costs was just a smokescree­n to discrimina­te against Lange.

Public records obtained by Lange’s lawyers show the county has spent more than $690,000 defending the

case.

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