Interview with Jennifer Pharr
An Interview with Jennifer Pharr, Associate Professor for the School of Public Health at University of Nevada, Las Vegas, to discuss current legal issues facing transgender individuals seeking access to medical care.
Class Discussion Questions
Below are several class discussion questions that educators may want to assign to students in conjunction with the provided interview.
1. In the video, Dr. Pharr talks about the fact that in 2021 a number of states proposed and/or passed legislation that banned the practice of gender-affirming care (such as hormone blockers that prevent puberty) for pediatric patients. Are there any rights that are afforded in the US Constitution that might protect a patient's ability (pediatric or otherwise) to obtain gender affirming care such as this?
2. Can you find an example of any other legislation or law that either compels or prevents a physician from performing a specific medical procedure?
3. There has been a recent push for parity in health insurance reimbursements for mental and physical medicine (see The Mental Health Parity and Addiction Equity Act (MHPAEA)). Can an argument be made that gender affirming care should/could be included under this legislation?
- Tell me about yourself and your background.
- What are some of the legal issues in the area of health law that are currently impacting someone who is transgender (both on the federal and state level)?
- What type of medical care would someone who is transgender require? Why is medical care sought by someone who is transgender often referred to as “life-saving”?
- What are some obstacles that someone who is transgender may face when accessing medical care?
- What do you see as the next big legal hurdle for the rights of transgender individuals?
Gender Dysphoria and the Americans with Disabilities Act
- WHEN TRANS RIGHTS ARE DISABILITY RIGHTS: THE PROMISES...Szemanski, A. (2020). When trans rights are disability rights: The promises and perils of seeking Gender Dysphoria coverage under the Americans with Disabilities Act. Harvard Journal of Law & Gender, 43(1), 137–168.
- Blatt vs. Cabelas Answer KeyBlatt v. Cabelas is a case that answers the question, "Is gender dysphoria protected by the Americans with Disabilities Act?" Educators who assign this case to their students to analyze can find an IRAC answer key through this link.
Transgender Rights and the Civil Rights Act of 1964
- BATTLE OF THE SEXES: DISAGREEMENT ABOUT THE DEFINITION OF SEX...Keller, S. W. (2021). Battle of the sexes: disagreement about the definition of sex in Title IX and the need for judicial review. Virginia Journal of Social Policy & the Law, 28(2), 135–173.
- Now Something for the Glass Half-Empty Crowd...Katz, P. S. (2021). Now something for the glass half-empty crowd: Bostock v. Clayton County, Georgia explained. Law & Sexuality: A Review of Lesbian, Gay, Bisexual & Transgender Legal Issues, 30, 53–90.
- Bostok v. Clayton Answer KeyBostok v. Clayton County, GA is a case that answers the question, "Does an employer who fires an employee for being homosexual or transgender violate Title VII?" Educators who assign this case to their students to read and analyze can find an IRAC answer key through this link.
Discrimination under Section 1557 of the Affordable Care Act
- CP v. Blue Cross Answer KeyCP v. Blue Cross and Blue Shield is a case that answers the question, "Can a plaintiff who alleges that they were denied insurance coverage for medical treatment because they are transgender, state a claim for sex discrimination under Section 1557 of the Affordable Care Act?" Educators who assign this case to their students to analyze can find an IRAC answer key through this link.
Transgender Rights and Government Benefits
Robina Atsi
Published by Lambda Legal
February 24, 2014
The Robina Atsi Case was settled by the Social Security Administration when a 92-year-old transgender woman and WWII pilot was finally provided the survivor benefits that were owed to her after the death of her husband, Norwood Patton. The Agency initially denied her benefits because they claimed that she was “legally male” at the time of the marriage despite documentation to support otherwise. This case is representative of many other cases in which transgender individuals are struggling to receive their benefits from the SSA.
- Victory! Lambda Legal Persuades Social Security to Give Survivor Benefits to 92-Year-Old Transgender WidowLink to Lambda Legal Article
This work is licensed under a Creative Commons Attribution-NonCommercial-NoDerivatives 4.0 International License.