SIOUX FALLS, S.D. (AP) - A federal lawsuit accusing the South Dakota state health plan of discriminating against transgender employees has been dismissed following the death of the plaintiff.
Terri Bruce had sued the South Dakota State Employee Health Plan in 2017, the Argus Leader reported . The suit contended that a provision prohibiting medical service for gender transformations breached the U.S. Constitution and the 1964 Civil Rights Act.
Bruce was a transgender man who worked for the state’s archaeological research center. A motion filed this week requesting dismissal of the suit stated Bruce had taken his own life.
“Terri was a gifted archaeologist, a passionate activist, and a warm and caring friend,” the motion said. “He was also one of over 1.4 million American adults who identify as transgender. In moving to dismiss this suit, Terri’s family and counsel would like to raise awareness of the high rate of suicide among transgender individuals as well as the obstacles transgender citizens must constantly overcome to feel safe and respected within their communities.”
The motion also said transgender individuals, including Bruce, face discrimination at an early age that can persist for a lifetime. It cites National Center for Transgender Equality data that notes 41 percent of transgender people report having attempted suicide, which is 25 percent higher than the general population.
Bruce helped lead opposition to a proposed bill in the Legislature in 2016 that would have mandated transgender K-12 students in the state to use the bathrooms of the gender they were assigned at birth. The bill passed the Legislature but was vetoed by then-Gov. Dennis Daugaard.
Bruce was scheduled to receive a mastectomy to treat gender dysphoria later that year, but the state health plan denied the procedure, even though it would have been available to other employees to treat their medically necessary conditions.
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Information from: Argus Leader, http://www.argusleader.com
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