These standards are controversial both among trans people and among transphobes. Trans people widely believe that these standards are too restrictive of the patient’s autonomy, and transphobes have argued for decades that medical transition is too easy to access.
While the agency claims that this lawsuit is about minor’s medical transitions, the fine print shows that the requested restrictions would also apply to adults. By targeting WPATH’s guidelines for trans care, the FTC is undercutting the medical justification for health insurance to cover any form of trans healthcare.
It should be made clear that none of WPATH’s guidance is law. They are influencing insurance companies through professional pressure alone. If their guidance were to be removed, and one were in a state where such care is not legally protected, then “it [would] have the same effect as an outright ban”, according to Lawyer Sheryl Weikal. According to her, “WPATH governs the Standards of Care that insurance reviews under. [If] WPATH goes away, all the insurance coding goes away.”
If the FTC lawsuit is successful, many trans people will lose access to their hormones. The only large exception is for people in those states where such care is legally protected.
There is also the open question of which doctors would actually prescribe HRT knowing that insurance would not cover it. Since doctors typically defer to medical associations to determine what they will recommend to their patients, seeing the biggest medical association forced to retract their previous advocacy around HRT would give most doctors pause. It would create a chilling effect around doctor-administered care, even when patients can pay out of pocket.
Sheryl Weikal did not mince words when explaining how this would play out in practice. “This has the potential to be an extinction-level event for us”. “If WPATH loses this case, [then] unless you’re independently wealthy, [or] live in a blue state near a large city where they provide informed consent,” then the odds of having local doctor-prescribed HRT in your area are slim.