Toomey v. State of Arizona
What's at Stake
On January 23, 2019, the American Civil Liberties Union, and the American Civil Liberties Union of Arizona filed a class action lawsuit against the State of Arizona and the Arizona Board of Regents for denying medically necessary, gender-affirming health care to transgender people employed by the state. The lawsuit was filed on behalf of Dr. Russell B. Toomey, an associate professor of family studies and human development at the University of Arizona, and all other transgender individuals employed by the Arizona Board of Regents or enrolled in the State health plan, including dependents.
Summary
The Arizona state employee health plan has a blanket exclusion for gender-affirming surgery and transgender people are not offered the opportunity to demonstrate that their gender-affirming surgery is medically necessary. The lawsuit alleges the exclusion unlawfully discriminates against transgender people in violation of federal civil rights statutes and the Constitution.
“No one should be denied medically necessary care because of who they are,” said ACLU of Arizona Legal Director Kathy Brody. “Transgender people are part of our community, our families and our workplaces, and they deserve the same benefits Arizona affords everyone else.”
The lawsuit asks the court to remove the health plan’s exclusion for gender-affirming surgery. It also seeks the opportunity for all transgender state employees and dependents to have their claims for gender-affirming surgery evaluated as medically necessary under the same standards and procedures the health plan applies to other medical treatments.
Legal Documents
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10/04/2021
Petition for Writ of Mandamus -
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12/14/2021
Opposition to Petition for Writ of Mandamus -
12/20/2021
Reply Supporting Petition for Writ of Mandamus -
04/14/2022
Memorandum Denying Petition for Writ of Mandamus
Toomey v. State of ArizonaLegal DocumentsOpposition to Petition for Writ of MandamusDate Filed: 12/14/2021
Court: Appeals Court (9th Cir.)
Affiliate: Arizona
Toomey v. State of ArizonaLegal DocumentsReply Supporting Petition for Writ of MandamusDate Filed: 12/20/2021
Court: Appeals Court (9th Cir.)
Affiliate: Arizona
Toomey v. State of ArizonaLegal DocumentsMemorandum Denying Petition for Writ of MandamusDate Filed: 04/14/2022
Court: Appeals Court (9th Cir.)
Affiliate: Arizona
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12/14/2021
Date Filed: 10/04/2021
Court: Appeals Court (9th Cir.)
Affiliate: Arizona
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09/29/2023
Order Granting in Part and Denying in Part Plaintiff's Consent Motion for Approval of Consent Decree -
07/10/2023
Arizona Legislative Leaders' Motion to File Amicus Brief -
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07/24/2023
Plaintiff's Response in Opposition to Arizona Legislative Leaders' Motion to File Amicus Brief -
07/31/2023
Arizona Legislative Leaders' Reply in Support of Motion to File Amicus Brief
Toomey v. State of ArizonaLegal DocumentsPlaintiff's Response in Opposition to Arizona Legislative Leaders' Motion to File Amicus BriefDate Filed: 07/24/2023
Court: District Court (D. Ariz.)
Affiliate: Arizona
Toomey v. State of ArizonaLegal DocumentsArizona Legislative Leaders' Reply in Support of Motion to File Amicus BriefDate Filed: 07/31/2023
Court: District Court (D. Ariz.)
Affiliate: Arizona
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07/24/2023
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07/07/2023
Consent Motion for Approval of Consent Decree -
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07/07/2023
Exhibit 1 - Consent Decree
Toomey v. State of ArizonaLegal DocumentsExhibit 1 - Consent DecreeDate Filed: 07/07/2023
Court: District Court (D. Ariz.)
Affiliate: Arizona
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07/07/2023
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09/26/2022
Plaintiff's Motion for Summary Judgment -
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10/26/2022
State Defendants' Opposition to Plaintiff's Motion for Summary Judgment -
11/23/2022
Plaintiff's Reply in Support of Motion for Summary Judgment
Toomey v. State of ArizonaLegal DocumentsState Defendants' Opposition to Plaintiff's Motion for Summary JudgmentDate Filed: 10/26/2022
Court: District Court (D. Ariz.)
Affiliate: Arizona
Toomey v. State of ArizonaLegal DocumentsPlaintiff's Reply in Support of Motion for Summary JudgmentDate Filed: 11/23/2022
Court: District Court (D. Ariz.)
Affiliate: Arizona
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10/26/2022
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09/26/2022
State Defendants' Motion for Summary Judgment -
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10/26/2022
Plaintiff's Opposition to State Defendants' Motion for Summary Judgment -
11/23/2022
State Defendants' Reply in Support of Motion for Summary Judgment
Toomey v. State of ArizonaLegal DocumentsPlaintiff's Opposition to State Defendants' Motion for Summary JudgmentDate Filed: 10/26/2022
Court: District Court (D. Ariz.)
Affiliate: Arizona
Toomey v. State of ArizonaLegal DocumentsState Defendants' Reply in Support of Motion for Summary JudgmentDate Filed: 11/23/2022
Court: District Court (D. Ariz.)
Affiliate: Arizona
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10/26/2022
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05/09/2022
Order Denying Appeal of Order Granting Motion to Compel -
06/28/2021
Order Granting Motion to Compel Documents Withheld on the Basis of Attorney-Client Privilege -
04/20/2021
Order Granting Motion to Compel Documents Withheld on the Basis of Deliberative Process Privilege -
09/01/2020
Plaintiff's Motion for Preliminary Injunction -
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09/25/2020
State Defendants' Response to Motion for Preliminary Injunction -
09/25/2020
University Defendants' Response to Motion for Preliminary Injunction -
10/01/2020
Plaintiff's Reply in Support of Motion for Preliminary Injunction -
11/30/2020
Report and Recommendation on Preliminary Injunction -
12/04/2020
Plaintiff's Objection to Report and Recommendation -
03/22/2021
Order Denying Preliminary Injunction
Toomey v. State of ArizonaLegal DocumentsState Defendants' Response to Motion for Preliminary InjunctionDate Filed: 09/25/2020
Court: District Court (D. Ariz.)
Affiliate: Arizona
Toomey v. State of ArizonaLegal DocumentsUniversity Defendants' Response to Motion for Preliminary InjunctionDate Filed: 09/25/2020
Court: District Court (D. Ariz.)
Affiliate: Arizona
Toomey v. State of ArizonaLegal DocumentsPlaintiff's Reply in Support of Motion for Preliminary InjunctionDate Filed: 10/01/2020
Court: District Court (D. Ariz.)
Affiliate: Arizona
Toomey v. State of ArizonaLegal DocumentsReport and Recommendation on Preliminary InjunctionDate Filed: 11/30/2020
Court: District Court (D. Ariz.)
Affiliate: Arizona
Toomey v. State of ArizonaLegal DocumentsPlaintiff's Objection to Report and RecommendationDate Filed: 12/04/2020
Court: District Court (D. Ariz.)
Affiliate: Arizona
Toomey v. State of ArizonaLegal DocumentsOrder Denying Preliminary InjunctionDate Filed: 03/22/2021
Court: District Court (D. Ariz.)
Affiliate: Arizona
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09/25/2020
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03/02/2020
Amended Complaint -
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03/10/2020
State Defendants' Answer to Amended Complaint -
03/16/2020
University Defendants' Answer to Amended Complaint
Toomey v. State of ArizonaLegal DocumentsState Defendants' Answer to Amended ComplaintDate Filed: 03/10/2020
Court: District Court (D. Ariz.)
Affiliate: Arizona
Toomey v. State of ArizonaLegal DocumentsUniversity Defendants' Answer to Amended ComplaintDate Filed: 03/16/2020
Court: District Court (D. Ariz.)
Affiliate: Arizona
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03/10/2020
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05/29/2019
State Defendants' Motion to Stay -
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06/10/2019
Plaintiff's Opposition to Motion to Stay -
06/17/2019
Reply to Motion to Stay -
10/22/2019
Order Denying Motion to Stay
Toomey v. State of ArizonaLegal DocumentsPlaintiff's Opposition to Motion to StayDate Filed: 06/10/2019
Court: District Court (D. Ariz.)
Affiliate: Arizona
Toomey v. State of ArizonaLegal DocumentsReply to Motion to StayDate Filed: 06/17/2019
Court: District Court (D. Ariz.)
Affiliate: Arizona
Toomey v. State of ArizonaLegal DocumentsOrder Denying Motion to StayDate Filed: 10/22/2019
Court: District Court (D. Ariz.)
Affiliate: Arizona
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06/10/2019
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04/05/2019
Plaintiff's Motion for Class Certification -
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03/06/2020
Plaintiff's Superseding Motion for Class Certification -
04/20/2020
State Defendants' Response to Superseding Motion for Class Certification -
04/20/2020
University Defendants' Response to Superseding Motion for Class Certification -
04/29/2020
Plaintiff's Reply in Support of Superseding Motion for Class Certification -
05/12/2020
Order Granting Motion for Class Certification
Toomey v. State of ArizonaLegal DocumentsPlaintiff's Superseding Motion for Class CertificationDate Filed: 03/06/2020
Court: District Court (D. Ariz.)
Affiliate: Arizona
Toomey v. State of ArizonaLegal DocumentsState Defendants' Response to Superseding Motion for Class CertificationDate Filed: 04/20/2020
Court: District Court (D. Ariz.)
Affiliate: Arizona
Toomey v. State of ArizonaLegal DocumentsUniversity Defendants' Response to Superseding Motion for Class CertificationDate Filed: 04/20/2020
Court: District Court (D. Ariz.)
Affiliate: Arizona
Toomey v. State of ArizonaLegal DocumentsPlaintiff's Reply in Support of Superseding Motion for Class CertificationDate Filed: 04/29/2020
Court: District Court (D. Ariz.)
Affiliate: Arizona
Toomey v. State of ArizonaLegal DocumentsOrder Granting Motion for Class CertificationDate Filed: 05/12/2020
Court: District Court (D. Ariz.)
Affiliate: Arizona
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03/06/2020
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03/18/2019
State Defendants' Motion to Dismiss -
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05/01/2019
Plaintiff's Response to Motion to Dismiss -
05/16/2019
State Defendants' Reply in Support of Motion to Dismiss -
06/24/2019
Report and Recommendation -
07/02/2019
Plaintiff's Objections -
07/08/2019
State Defendants' Objections -
07/16/2019
Plaintiff's Response to State Defendants' Objections -
07/24/2019
State Defendants' Response to Plaintiff's Objection -
12/23/2019
Motion to Dissmiss Ruling
Toomey v. State of ArizonaLegal DocumentsPlaintiff's Response to Motion to DismissDate Filed: 05/01/2019
Court: District Court (D. Ariz.)
Affiliate: Arizona
Toomey v. State of ArizonaLegal DocumentsState Defendants' Reply in Support of Motion to DismissDate Filed: 05/16/2019
Court: District Court (D. Ariz.)
Affiliate: Arizona
Toomey v. State of ArizonaLegal DocumentsReport and RecommendationDate Filed: 06/24/2019
Court: District Court (D. Ariz.)
Affiliate: Arizona
Toomey v. State of ArizonaLegal DocumentsPlaintiff's ObjectionsDate Filed: 07/02/2019
Court: District Court (D. Ariz.)
Affiliate: Arizona
Toomey v. State of ArizonaLegal DocumentsState Defendants' ObjectionsDate Filed: 07/08/2019
Court: District Court (D. Ariz.)
Affiliate: Arizona
Toomey v. State of ArizonaLegal DocumentsPlaintiff's Response to State Defendants' ObjectionsDate Filed: 07/16/2019
Court: District Court (D. Ariz.)
Affiliate: Arizona
Toomey v. State of ArizonaLegal DocumentsState Defendants' Response to Plaintiff's ObjectionDate Filed: 07/24/2019
Court: District Court (D. Ariz.)
Affiliate: Arizona
Toomey v. State of ArizonaLegal DocumentsMotion to Dissmiss RulingDate Filed: 12/23/2019
Court: District Court (D. Ariz.)
Affiliate: Arizona
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05/01/2019
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01/23/2019
Complaint -
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01/06/2020
Answer to Complaint
Toomey v. State of ArizonaLegal DocumentsAnswer to ComplaintDate Filed: 01/06/2020
Court: District Court (D. Ariz.)
Affiliate: Arizona
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01/06/2020
Date Filed: 09/29/2023
Court: District Court (D. Ariz.)
Affiliate: Arizona
Date Filed: 07/10/2023
Court: District Court (D. Ariz.)
Affiliate: Arizona
Date Filed: 07/07/2023
Court: District Court (D. Ariz.)
Affiliate: Arizona
Date Filed: 09/26/2022
Court: District Court (D. Ariz.)
Affiliate: Arizona
Date Filed: 09/26/2022
Court: District Court (D. Ariz.)
Affiliate: Arizona
Date Filed: 05/09/2022
Court: District Court (D. Ariz.)
Affiliate: Arizona
Date Filed: 06/28/2021
Court: District Court (D. Ariz.)
Affiliate: Arizona
Date Filed: 04/20/2021
Court: District Court (D. Ariz.)
Affiliate: Arizona
Date Filed: 09/01/2020
Court: District Court (D. Ariz.)
Affiliate: Arizona
Date Filed: 03/02/2020
Court: District Court (D. Ariz.)
Affiliate: Arizona
Date Filed: 05/29/2019
Court: District Court (D. Ariz.)
Affiliate: Arizona
Date Filed: 04/05/2019
Court: District Court (D. Ariz.)
Affiliate: Arizona
Date Filed: 03/18/2019
Court: District Court (D. Ariz.)
Affiliate: Arizona
Date Filed: 01/23/2019
Court: District Court (D. Ariz.)
Affiliate: Arizona
Press Releases
ACLU Reacts to Gov. Hobbs’ Executive Order Ensuring Access to Gender-Affirming Health Care