Minnesota Court: Insurer Must Provide Benefits After Gender Change

April 6, 2012

A federal judge in Minneapolis, Minn., has ruled a health insurer improperly denied benefits to a spouse who had undergone a sex change operation.

U.S. District Judge Michael Davis said the health plan administrator for a United Parcel Service employee was wrong when it failed to cover his wife. Christine Radtke sued the health plan fund after it said she wasn’t legally married to Calvin Radtke. The fund countersued saying the couple fraudulently obtained a marriage license because Christine was born male.

The Star Tribune says Davis found the benefit plan imposed its own definitions of gender and marriage in violation of Minnesota law.

The judge’s ruling says state law recognizes a married person’s gender when the marriage takes place. Davis ordered the fund to reinstate Radtke and reimburse her for any covered expenses that she’s paid.

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