Issue
In May 2016, the Transgender American Veterans Association (TAVA) submitted a petition to the U.S. Department of Veterans Affairs (VA) requesting that they begin a rulemaking process to eliminate the exclusion of gender-affirming surgery from the VA medical benefits package. In January 2024, TAVA filed a lawsuit asking the court to compel the VA to respond to its petition. In February 2024, the VA denied TAVA’s petition. TAVA argues in the current suit that the exclusion violates the Equal Protection Clause and other federal laws.
Impact
The VA covers almost all transition-related health care for veterans except gender-affirming surgeries, which are covered for active-duty service members. Transgender people serve in the military in proportionally higher rates than the general population. An estimated 134,000 veterans and retired National Guard or reservists identified as transgender in 2014.
Summary
The brief provides support for applying heightened scrutiny when evaluating whether the VA’s policy denying veterans gender-affirming surgery violates the U.S. Constitution’s guarantee of equal protection. The brief summarizes a long history of widespread and pervasive discrimination against transgender people in a variety of areas, including health care, employment, housing, education, government and military services, lawmaking, and the legal system.