VASQUEZ v. IOWA DEPT. OF HUMAN SERVICES

No. 21-1977.

990 N.W.2d 661 (2023)

Aiden VASQUEZ and Mika Covington, Appellees/Cross-Appellants, v. IOWA DEPARTMENT OF HUMAN SERVICES, Appellant/Cross-Appellee.

Supreme Court of Iowa.

Filed May 12, 2023.


Attorney(s) appearing for the Case

Brenna Bird , Attorney General, Samuel P. Langholz , Chief Deputy Attorney General, and Thomas J. Ogden (argued), Assistant Attorney General, for appellant/cross-appellee.

Rita Bettis Austen and Shefali Aurora of ACLU of Iowa Foundation, Inc., Des Moines, Lisa Nowlin-Sohl of ACLU Foundation, New York, New York, and Seth A. Horvath (argued), F. Thomas Hecht , and Tina B. Solis of Nixon Peabody LLP, Chicago, Illinois, for appellees/cross-appellants.

Melissa C. Hasso of Sherinian & Hasso Law Firm, Des Moines, and Steve Sanders of Maurer School of Law, Indiana University, Bloomington, Indiana, for amici curiae Iowa Law Professors.

Roxanne Barton Conlin and Devin C. Kelly of Roxanne Conlin & Associates, P.C., Des Moines, and James W. Ducayet , Paul E. Bateman, Jr. (until withdrawal), Emily Scholtes , and Fiona Collins of Sidley Austin LLP, Chicago, Illinois, for amici curiae Chicago Lawyers' Committee for Civil Rights, Iowa Safe Schools, Professor Leonard A. Sandler, Clinical Professor and Director, University of Iowa.

Scott M. Brennan , Elizabeth A. Etchells , and Katelynn T. McCollough of Dentons Davis Brown PC, Des Moines, for amici curiae One Iowa, Individual Transgender Iowans, and allies.

Joshua Matz and Raymond P. Tolentino of Kaplan Hecker & Fink LLP, Washington, D.C., and Joseph C. Glazebrook , Des Moines, for amici curiae Bay Area Lawyers for Individual Freedom, Forge, Inc., GLBTQ Legal Advocates & Defenders, Lambda Legal Defense and Education Fund, Inc., National Center for Transgender Equality, National LGBTQ+ Bar Association, National LGBTQ Task Force, National Women's Law Center, Southern Arizona Gender Alliance, Trans People of Color Coalition, Trans Youth Equality Foundation, Transgender Legal Defense & Education Fund, and Transgender Resource Center of New Mexico.

Paige Fiedler and Amy Beck of Fiedler Law Firm, P.L.C., Johnston, and Robert R. Stauffer of Jenner & Block LLP, Chicago, Illinois, for amici curiae The American Medical Association, The Iowa Medical Society, The American College of Obstetricians and Gynecologists, The American College of Physicians, The American Psychiatric Association, The Endocrine Society, GLMA: Health Professionals Advancing LGBT Equality, Mental Health America, North American Society for Pediatric and Adolescent Gynecology, and Society of OB/GYN Hospitalists.

Waterman, J., delivered the opinion of the court, in which all justices joined.


Choices have consequences, and in this case, the appellant's choices prompt us to dismiss its direct appeal as moot. The Iowa Department of Human Services (DHS)1 appeals from a district court ruling requiring Iowa's Medicaid program to pay for sex reassignment surgery2...

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