Chief US Judge for the Minnesota District Michael J. Davis has ruled that Minnesota’s DOMA law does not apply to legal marriages entered into by transgender individuals and that therefore a union health care plan could not drop Christine Radtke from coverage under her husband’s health benefits.
Having transitioned from male to female between 1986 and 2003, Christine married Calvin Radtke in July of 2005 in Goodhue County in southeastern Minnesota. Calvin works for UPS and is therefore a member of Miscellaneous Drivers and Helpers Union Local #638 and he enrolled himself and his new bride in the union’s Health, Welfare, Eye and Dental Fund (hereinafter, the Fund) plan.
In 2008 Christine’s physician mentioned her transgender status. Someone at the Fund didn’t like that. The Radtke’s were informed that as of April, 2010 Christine would be dropped from the health care plan.
The Fund has learned, for the first time, that Christine underwent a male to female sex reassignment surgery prior to your marriage.
In reviewing the terms of the Fund, it is the judgment of the Claims Administrator that despite the amendment of Christine’s birth certificate and your subsequent marriage, the basis for your marriage is not one that is currently recognized under any express provisions of Minnesota Law. Accordingly, Christine is not an eligible dependent under the Fund.
–health care fund administrators