Minton v. Dignity Health is a lawsuit filed against a Dignity Health medical center for withholding medical care because of a patient's gender identity, amounting to sex discrimination in violation of California's Unruh Civil Rights Act.
Minton, 35, is a transgender man who was scheduled to receive a hysterectomy in August at Mercy San Juan Medical Center, a hospital in the Dignity Health chain. Two days prior to the appointment, a nurse called to discuss the surgery and Minton mentioned that he is transgender. The next day, the hospital canceled the procedure.
Dignity Health regularly allows hysterectomies for patients who are not transgender and Minton's doctor at Mercy San Juan Medical Center has said this is the first time the hospital has prevented her from doing this surgery and it was clear that the surgery was canceled because Minton is transgender.
Dignity Health is the 5th largest healthcare system in the country and the largest hospital provider in California, with 29 hospitals across the state.
Case Developments
The U.S. Supreme Court declined to hear Dignity Health's appeal of the Court of Appeal decision.
Defendant's petition for review is denied by the California Supreme Court.
Appellants' Answer to Petition for Review
The Court of Appeal confirmed that it is illegal discrimination for a hospital to deny someone care simply because they’re transgender and allows the lawsuit filed by Evan Minton against Dignity Health to move forward. The opinion states: "subsequent rectification of [Dignity Health's] denial [of care], while likely mitigating plaintiff's damages, did not extinguish his cause of action for discrimination in violation of the Unruh Act" and "'Full and equal' access requires avoiding discrimination, not merely remedying it after it has occurred." Read the opinion.
Application for Leave to File Amicus Curiae Brief and Amicus Curiae Brief of the California Medical Association in Support of Plaintiff-Appellant Evan Minton
Application for Leave to File Amicus Curiae Brief and Proposed Brief of Amici Curiae National Center for Lesbian Rights and Twelve Additional Nonprofit Organizations in Support of Plaintiff-Appellant Evan Minton
Appellant's Reply Brief to Respondent's Brief
Appellant's Opening Brief to the Court of Appeal in California's First District Court of Appeal
Defendant Dignity Health's Reply Brief in Support of Demurrers to First Amended Verified Complaint.
Plaintiff Evan Minton's Memorandum of Points and Authorities in Opposition to Defendant Dignity Health's Demurrers to First Amended Complaint.
Defendant Dignity Health's Memorandum of Points and Authorities in Support of Demurrers to First Amended Verified Complaint.
Plaintiff's First Amended Complaint.
Defendant Dignity Health's Reply in Support of Demurrer to Verified Complaint.
Plaintiff's opposition to defendant's demurrers to verified complaint.
Dignity Health's Memorandum of Points and Authorities in Support of Demurrers to Verified Complaint.
Dignity Health dba Mercy San Juan Medical Center's Demurrers to Verified Complaint.
Declaration of Craig S. Rutenberg
Dignity Health's Notice of Demurrer to Verified Complaint .
Dignity Health's Request for Judicial Notice in Support of Demurrers to Verified Complaint.
Read the complaint.
