Federal Court Orders Preliminary Relief for Trans Plaintiffs in Class Action Against Aetna

Gordon v. AetnaHealth Care DiscriminationLGBTQ EqualityTrans Rights

Mar 9

On March 8, 2026, the United States District Court for the District of Connecticut preliminarily enjoined Aetna Life Insurance Company from enforcing its categorical exclusion of gender-affirming transition-related facial surgeries for two trans women, Jamie Homnick and Gennifer Herley, in a class action civil rights lawsuit being litigated by Wardenski P.C., Advocates for Trans Equality (A4TE), and Cohen Milstein Sellers & Toll.

The Court, in a 55-page opinion, also denied Aetna’s motion to dismiss plaintiffs’ claims under Section 1557 of the Affordable Care Act, which prohibits sex discrimination by health care insurers and providers that receive federal funding, including Aetna.

“In granting the preliminary injunction, the court recognized the serious harms caused by denying access to transition-related health care, blocking Aetna from continuing to enforce its exclusion of transition-related facial surgeries against our clients while the case proceeds. This decision is an important step toward ensuring that trans people are not denied medically necessary care simply because of who they are,” said Kelly Parry-Johnson, Senior Counsel at A4TE. “For too long, insurers have relied on outdated and discriminatory policies that put trans people’s health and safety at risk. We are proud to stand with our clients as this case moves forward."

“Having my transition-related facial surgery would mean so much to me. It’s hard to describe the relief and happiness that I feel now knowing it is possible I could finally receive care my doctors have recommended for years. I hope this decision is a step towards ensuring other trans people can access the same care without facing the same barriers I did,” said plaintiff Gennifer Herley. “This preliminary injunction sends a clear message: trans people are entitled to the same medically necessary care and insurance protections as everyone else. I’m so happy that we will have our day in court.”

Gender-affirming facial surgeries are essential components of the medical treatment for gender dysphoria, a serious medical condition that arises from the incongruence between a person's gender identity and their physical sex characteristics. Despite covering similar medically necessary surgeries for cisgender patients, Aetna categorically excludes the same procedures for transgender people, classifying them as always cosmetic, in violation of the Affordable Care Act.

In September 2024, Wardenski P.C., A4TE, and Cohen Milstein filed this federal class action civil rights lawsuit against Aetna under Section 1557 of the Affordable Care Act, which prohibits discrimination in health programs and activities that receive federal funding. The case was brought in the United States District Court for the District of Connecticut on behalf of several transgender women and other similarly situated trans people denied coverage for medically necessary gender-affirming facial reconstruction procedures.

“This ruling reflects what the law requires and what medical experts have made clear — gender-affirming care is healthcare,” said Joseph Wardenski, Principal of Wardenski P.C. “Our clients followed medical advice, navigated the appeals process, and came to court seeking fairness. Today’s decision allows them to continue that fight.”

“We are very pleased that the court has recognized, as a matter of law, that people with gender dysphoria are entitled to a medical necessity review for their gender affirming care,” said Harini Srinivasan, partner at Cohen Milstein Sellers & Toll PLLC. “Transgender people are entitled to the same process used for anyone else seeking coverage for similar procedures.”

Wardenski P.C.’s litigation team includes Joseph Wardenski, Alyssa Lareau, and Mack Karbon. Plaintiffs are also represented by A4TE attorneys Gabriel Arkles, Ezra Cukor, Kelly Parry-Johnson, Sydney Duncan, Seran Gee, and Fiadh McKenna; and Cohen Milstein attorneys Christine E. Webber, Harini Srinivasan, Aniko R. Schwarcz, and Elizabeth McDermott.