Iowa’s Outdated Medicaid Ban Fails Transgender Iowans

Thanks to One Iowa executive director Donna Red Wing for explaining a little-known problem for transgender Iowans. -promoted by desmoinesdem

Amerigroup, one of Iowa’s private Medicaid providers, agreed last month to cover gender-affirming surgery for Andrew Evans, a transgender Iowa man and client of the American Civil Liberties Union (ACLU).

While we are happy Evans will receive the surgery he needs, we realize that it means only one thing: Evans’ surgery will be covered. The Medicaid provider refused to acknowledge the medical necessity of the surgery, instead agreeing to coverage in order to “amicably resolve” the situation. In plain English, they didn’t want to tangle with the ACLU.

Exclusions for transgender surgery and other trans-related health care continue. Iowa’s Medicaid ban on transition-related surgeries remains.

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"The Lord gave, and the Lord hath taken away": a Jobian analysis of gay marriage in America

A frightening look at how a changed Supreme Court might strip LGBT Americans of marriage rights. You can find previous writing by Bill from White Plains here. -promoted by desmoinesdem

If there is one group whose rights may be most immediately at risk following the election of Donald Trump to the Presidency of the United States, it isn’t refugees, or Muslims, or Mexicans, or women. It is those who are wed to their gay partners. The reason for that has a lot to do with a really poorly written and poorly reasoned United States Supreme Court ruling finding restrictions on marriage to those of different genders unconstitutional.

The ruling, Obergefell v. Hodges, does a couple of really bad injustices to gay married couples.

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A look at the campaign to retain Iowa's Supreme Court justices

The last three Iowa Supreme Court justices involved in the landmark 2009 marriage equality ruling are on the ballot this year: Chief Justice Mark Cady (author of the Varnum v Brien decision) and Justices Brent Appel and Daryl Hecht. However, this year’s Iowa judicial retention elections aren’t getting much attention, largely because social conservative groups decided not to engage heavily in the fight.

By this point in 2010, television commercials calling for a “no” vote on three Iowa Supreme Court justices had been on the air for six weeks. Bob Vander Plaats and allies were holding “Judge Bus” events across Iowa. In a radio ad, Representative Steve King urged listeners to “vote ‘no’ on Judges [Marsha] Ternus, [Michael] Streit and [David] Baker” to “send a message against judicial arrogance.” For about a month before the 2012 general election, conservative groups paid for tv ads asking Iowans to “hold [Justice] David Wiggins accountable for redefining marriage and legislating from the bench.”

In contrast, Vander Plaats and like-minded Iowans have made a lower-key case against Cady, Appel, and Hecht, largely relying on e-mail, social media postings, and letters to the editor. They probably realized a full-court press was unlikely to succeed in a presidential election year. Nor did they have a way to fund a more extensive anti-retention campaign, with the biggest donor from 2010 and 2012 staying on the sidelines this year.

Supporters of retaining the Supreme Court justices are taking no chances, though. Two groups are leading the fight to persuade and remind voters to mark “yes” for all Iowa judges, especially Cady, Appel, and Hecht. I enclose below a sampling of messages from the Justice Not Politics coalition and the Iowa State Bar Association.

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Rest in peace, Larry Hoch

One of the plaintiffs in Iowa’s historic Varnum v Brien case passed away late last week. As Tom Witosky and Marc Hansen described in their book Equal Before the Law: How Iowa Led Americans to Marriage Equality, Larry Hoch was a middle-school teacher in his late 50s when he met David Twombley online in 2000. A few years later, he moved from New York to Des Moines to be with Twombley.

The couple had already entered into a civil union in Vermont, but our state didn’t recognize the legal status of their relationship. So when Camilla Taylor, an attorney for the LGBT advocacy group Lambda Legal, reached out in the summer of 2005, looking for plaintiffs in a case that would challenge Iowa’s Defense of Marriage Act, Hoch agreed immediately without consulting Twombley. The two men jokingly called themselves the “Old Fart Couple,” since they were much older than the five other couples who joined the lawsuit.

Hoch and Twombly unsuccessfully applied for a Polk County marriage license in November 2005. The lawsuit was filed the following month. Polk County District Court Judge Robert Hanson heard oral arguments in May 2007 and found Iowa’s ban on same-sex marriage to be unconstitutional in August of that year. His ruling was stayed pending appeal to the Iowa Supreme Court, where seven justices unanimously affirmed the decision in April 2009, allowing the Varnum plaintiffs and others to marry the person of their choice, regardless of gender.

Speaking to the Des Moines Register’s Molly Longman, One Iowa executive director Donna Red Wing described Hoch as an “incredible, sweet man” and said he was a regular at LGBT events in central Iowa: “I think for the community to see this older couple — they weren’t exactly spring chickens — engage so passionately in the fight for equality was so important.” Twombley told Longman, “We were both very proud to have been a part of history. We’ve had numerous gay couples that have married that know us or know of us, and they’ve gone out of their way to thank us for what we did for them.”

Although my life was not directly affected by the Varnum case, all Iowans should be grateful for what Hoch and the other plaintiffs did to promote fairness and equality in our state. Without their lawsuit, thousands of LGBT couples in Iowa would have had to wait six more years (until the 2015 U.S. Supreme Court ruling in Obergefell) to obtain the legal and psychological benefits of being married. Witosky and Hansen wrote that Hoch and Twombley “weren’t the first couple the [Lambda Legal] organization had contacted. […] Several Des Moines area couples had been approached but declined for a variety of reasons, mostly because of the attention the case would attract.” After living in the closet for most of his adult life, Hoch risked becoming a target for haters in order to take a stand. May his memory be a blessing.

P.S.- Chief Justice Mark Cady, the author of the Varnum decision, and Supreme Court Justices Brent Appel and Daryl Hecht are up for retention this year statewide. Polk County voters will also see Judge Hanson’s name on the ballot. Please remember to mark yes for them all when you vote.

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A friend remembers Dan Johnston

Thanks, Laura, for asking me to contribute a post about former Polk County Attorney Dan Johnston.

I said goodbye by phone to Dan Johnston a couple of days ago. He was in Iowa Methodist Medical Center waiting for a bed in hospice.

It was around this time of year in 1974 when Dan and Norman Jesse came to my fathers’ bedside as he was dying and helped him cast his last vote.

Dan Johnston’s obituary will no doubt include his career highlight when at the age of 30 he successfully represented Roosevelt High School students who were suspended from school for wearing black arm bands to protest the Vietnam war in a case that made it all the way to the U.S. Supreme Court. He also held elective office as Polk County Attorney and ran for Iowa Attorney General.

I’ve known Dan since I was 16. And that was a long time ago. 1966 to be precise.

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