Boyden v. State of Wisconsin
What's at Stake
Alina Boyden and Shannon Andrews, two state employees who are transgender filed a lawsuit against the State of Wisconsin. The case challenges the state’s categorical ban on coverage for certain types of necessary medical care for persons who are transgender under federal law and the Constitution.
Summary
The ACLU, the ACLU of Wisconsin, and Hawks Quindel, S.C. are counsel on the case.
In the summer of 2016, the state department that sets the terms of coverage for state employees, amended the state insurance plan policy to begin providing coverage for transition-related care beginning in January 2017. Soon thereafter, the Wisconsin Department of Justice (“DOJ”), asked that state department to reinstate the exclusion. On December 30, 2016, (two days before the coverage was to go into effect), the state reinstated the exclusion as of February 1, 2017.
Alina Boyden is an anthropology graduate student and teaching assistant at the University of Wisconsin. Shannon Andrews is a molecular biologist with a Ph.D. from Princeton who works as an associate researcher in the Carbone Cancer Center at UW Hospitals & Clinics. Both Alina and Shannon are women who are transgender, meaning that while the sex assigned them at birth was male, they have a female gender identity. Both have been diagnosed with gender dysphoria, a serious medical condition marked by persistent and clinically significant distress caused by incongruence between an individual’s gender identity and that individual’s sex designated at birth. As a result of the plan's discriminatory exclusion of coverage for “procedures, services, and supplies related to surgery and sex hormones associated with gender reassignment,” both women have been denied coverage for the surgical treatment they need. Alina has been unable to afford to pay for the surgery herself. Shannon was forced to pay out of pocket for those services. filed charges of discrimination with the Equal Employment Opportunity Commission and then we filed suit for them on April 7, 2017.
In the past, public and private insurance companies excluded coverage for transition-related care based on the erroneous assumption that such treatments were cosmetic or experimental. Today, however, the consensus in the medical field is that these treatments are safe and effective and should be covered. recognizes that these bans on coverage have no basis in medical science and that transition-related care is effective for the treatment of gender dysphoria.
Legal Documents
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09/18/2018
Order Granting in Part and Denying in Part Motion for Summary Judgement -
06/25/2018
Second Amended Complaint -
06/08/2018
Plaintiffs Motion for Partial Summary Judgement -
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06/29/2018
Brief in Opposition to Partial Summary Judgement -
08/09/2018
Reply Supporting Partial Summary Judgement
Boyden v. State of WisconsinLegal DocumentsBrief in Opposition to Partial Summary JudgementDate Filed: 06/29/2018
Court: District Court (W.D. Wis.)
Affiliate: Wisconsin
Boyden v. State of WisconsinLegal DocumentsReply Supporting Partial Summary JudgementDate Filed: 08/09/2018
Court: District Court (W.D. Wis.)
Affiliate: Wisconsin
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06/29/2018
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06/01/2018
State Defendants Motion for Summary Judgement -
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06/26/2018
Brief in Opposition to Summary Judgement -
07/09/2018
Reply Supporting Summary Judgement
Boyden v. State of WisconsinLegal DocumentsBrief in Opposition to Summary JudgementDate Filed: 06/26/2018
Court: District Court (W.D. Wis.)
Affiliate: Wisconsin
Boyden v. State of WisconsinLegal DocumentsReply Supporting Summary JudgementDate Filed: 07/09/2018
Court: District Court (W.D. Wis.)
Affiliate: Wisconsin
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06/26/2018
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05/11/2018
Order Granting in Part and Denying in Part State Defendants' Motion to Dismiss -
06/28/2017
Dean Health Motion to Dismiss -
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08/11/2017
Brief in Opposition to Dean Health's Motion to Dismiss -
08/28/2017
Reply Brief of Dean Health Supporting Motion to Dismiss -
11/20/2017
Order Granting Dean Health's Motion to Dismiss
Boyden v. State of WisconsinLegal DocumentsBrief in Opposition to Dean Health's Motion to DismissDate Filed: 08/11/2017
Court: District Court (W.D. Wis.)
Affiliate: Wisconsin
Boyden v. State of WisconsinLegal DocumentsReply Brief of Dean Health Supporting Motion to DismissDate Filed: 08/28/2017
Court: District Court (W.D. Wis.)
Affiliate: Wisconsin
Boyden v. State of WisconsinLegal DocumentsOrder Granting Dean Health's Motion to DismissDate Filed: 11/20/2017
Court: District Court (W.D. Wis.)
Affiliate: Wisconsin
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08/11/2017
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06/22/2017
Defendants Motion to Dismiss -
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08/11/2017
Brief in Opposition to State Defendants' Motion to Dismiss -
08/28/2017
Reply Brief of State Defendants' Supporting Motion to Dismiss
Boyden v. State of WisconsinLegal DocumentsBrief in Opposition to State Defendants' Motion to DismissDate Filed: 08/11/2017
Court: District Court (W.D. Wis.)
Affiliate: Wisconsin
Boyden v. State of WisconsinLegal DocumentsReply Brief of State Defendants' Supporting Motion to DismissDate Filed: 08/28/2017
Court: District Court (W.D. Wis.)
Affiliate: Wisconsin
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08/11/2017
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06/16/2017
Amended Complaint -
04/07/2017
Boyden v. State of Wisconsin - Complaint
Date Filed: 09/18/2018
Court: District Court (W.D. Wis.)
Affiliate: Wisconsin
Date Filed: 06/25/2018
Court: District Court (W.D. Wis.)
Affiliate: Wisconsin
Date Filed: 06/08/2018
Court: District Court (W.D. Wis.)
Affiliate: Wisconsin
Date Filed: 06/01/2018
Court: District Court (W.D. Wis.)
Affiliate: Wisconsin
Date Filed: 05/11/2018
Court: District Court (W.D. Wis.)
Affiliate: Wisconsin
Date Filed: 06/28/2017
Court: District Court (W.D. Wis.)
Affiliate: Wisconsin
Date Filed: 06/22/2017
Court: District Court (W.D. Wis.)
Affiliate: Wisconsin
Date Filed: 06/16/2017
Court: District Court (W.D. Wis.)
Affiliate: Wisconsin
Date Filed: 04/07/2017
Court: District Court (W.D. Wis.)
Affiliate: Wisconsin
Press Releases
Wisconsin Jury Awards $780k to Transgender Women Denied Health Care Coverage
ACLU Files Suit in Wisconsin Over Denial of Insurance Coverage for Transgender State Employees