Kramer Levin Files Amicus Brief on Behalf of Former Generals, Admirals and Surgeons General in Support of Transgender Veterans

On Jan. 29, 2024, Kramer Levin filed an amicus brief on behalf of seven former generals, admirals, and surgeons general urging the Department of Veterans Affairs (VA) to respond promptly to a seven year old rulemaking petition asking the VA to repeal regulations that exclude gender-confirmation surgery from VA healthcare.

The brief was filed in the U.S. Court of Appeals for the Federal Circuit in In re Transgender American Veterans Association, No. 24-108.

In 2016, the Transgender American Veterans Association (TAVA) petitioned the VA to repeal regulations that deny gender-confirmation surgery to veterans even when VA physicians deem that surgery medically necessary. Despite acknowledging the importance of providing that care to transgender veterans, the VA has not formally responded to the rulemaking petition. On Jan. 25, 2024, TAVA filed a petition for a writ of mandamus with the Federal Circuit asking the Court to compel the VA to respond promptly.

Kramer Levin’s amicus brief highlights the importance of providing healthcare benefits equally to transgender veterans. Speaking on behalf of military and medical leaders who have served at the very highest levels, and drawing on their experience as well as research sources, the brief explains that denying transgender veterans gender-confirmation surgery undermines commitments the government makes to service members at the time of enlistment, and weakens military recruitment and retention. The brief further argues that discriminating against transgender veterans by denying them this essential care violates the military’s and VA’s core values.

Signatories to the brief include Vice Admiral Donald Arthur, former Navy Surgeon General; Vice Admiral M. Joycelyn Elders, former U.S. Surgeon General; Major General Gale Pollock, former Army Acting Surgeon General; and Rear Admiral Alan Steinman, former Coast Guard Director of Health and Safety.