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Trans state workers can sue NC for health care discrimination. Supreme Court won’t step in.

The U.S. Supreme Court won’t reverse a court ruling that found transgender state employees have the right to sue North Carolina for banning the use of state health insurance to pay for transition care, treatment and surgery.

Six state employees sued in 2019 accusing the North Carolina State Health Plan of discrimination against them or their children. Now that lawsuit can go forward.

Attorneys for the state argued that it had protection from being sued under the legal doctrine known as sovereign immunity, but an appeals court ruled that the immunity was waived when North Carolina used federal funds on the state’s health plan but did not uphold the requirements of the Affordable Care Act. The judges also said gender-affirming care is medically necessary.

On Wednesday, the Supreme Court declined to take up the case, without elaborating.

Read our story about the lower court’s ruling for more details.

For more North Carolina government and politics news, listen to the Under the Dome politics podcast from The News & Observer and the NC Insider. You can find it at link.chtbl.com/underthedomenc or wherever you get your podcasts.