THE GUERRILLA ANGEL REPORT — Christine Radtke legally transitioned to a female several years prior to her marriage to her husband Calvin Radtke. After their marriage, the couple enrolled in Calvin’s employer’s health plan. Somewhere along the line, the administrators of the health plan discovered that Christine underwent sex reassignment surgery (SRS) in the past and decided that their marriage did not conform to Minnesota law. They cancelled her coverage and demanded a retroactive repayment of $80,000.
The couple sued and the insurers counter-sued claiming Christine fraudulently represented being a woman. Recently however, a judge ruled for Radtke and gave the insurers a bit of a scolding.
U.S. District Court Judge Michael Davis said that, under Minnesota law, a married individual’s sex is determined at the time he or she is married. In his opinion, Davis wrote that the health fund had “ignored all evidence” concerning Minnesota law about the issue, and said its treatment of the plaintiff “was a flagrant violation of its duty under any standard of review.” – From The New American.
More from Judge Davis: “There is no law in Minnesota that prohibits recognition by the state of a person’s changed sex. Minnesota is among 43 jurisdictions, including Wisconsin, that permit individuals who have undergone sex reassignment surgery to change their birth records to recognize change of sex.”
Some are noting that this ruling is going against a trend to invalidate marriages when it comes to transgender health benefits — the Texas firefighter case comes to mind. However, I am not sure the people commenting on this “trend” are in a position to know the specifics in the cases involved and are able to accurately state the facts.
This is a good win and nice legal precedent for trans people.
As for the source, keep in mind it’s somewhat biased against trans people and naturally all gender references are incorrect and I’m pretty sure they’re not all happy with Judge Davis’ ruling.
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