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U.S. 4th Circuit Allows State Bans on Gender-Affirming Care for Transgender Adults ‘To Appreciate Their Sex’

The 4th Circuit has become the first federal appeals court to enforce laws restricting gender-affirming surgeries. “It is not irrational for a legislature to encourage citizens to appreciate their sex and not become disdainful of their sex,” Judge Julius Richardson said.

5:00 PM PDT on March 12, 2026

three judges, two women and one man

Judges of the Fourth Circuit Court including Julius Richardson (middle) who was appointed by President Donald Trump in 2018. Photo courtesy of United States Court of Appeals for the Fourth Circuit.

On March 10, in a first-of-its-kind ruling, the U.S. 4th Circuit Court of Appeals escalated attacks  on transgender individuals by upholding West Virginia’s restriction on surgical procedures that aid in gender affirmation, setting a precedent for other states to follow suit.

According to Reuters, more than a dozen U.S. states currently prohibit or limit the use of Medicaid coverage for gender-affirming care, and the 4th Circuit has become the first federal appeals court to enforce that type of law. 

The specific surgeries and procedures the West Virginia law seeks to remove from Medicaid coverage includes physical alterations that align with one’s gender identity such as chest reconstruction and facial procedures.

Lewis F. Powell Jr. United States Courthouse. Photo courtesy of Acroterion/Unsplash.