Republican West Virginia Attorney General Patrick Morrisey told Newsmax on Tuesday that he doesn't believe a state electing to exempt a procedure from its Medicaid coverage is a constitutional issue.
West Virginia is appealing a ruling by a U.S. district court judge that its exemption to Medicaid for sex-change operations violates the Equal Protection Clause of the 14th amendment to the Constitution.
"West Virginia is not the richest state in the nation, and we have to make our budget meet its goals," Morrisey told "American Agenda." "We're spending money covering heart disease and drug abuse and cancer and so many other items.
"With those limited resources, the state certainly should be controlling the kind of items and services that it provides to patients, and we think it's wrong legally for people to try to force the state to cover this.
"We know that [with] the federal government, there's no requirement we think that is embedded in law. The military doesn't require it. Private insurance doesn't require it. We think this should be straightforward, and that's why we're fighting it."
According to Medicaid's website, its programs are designed to provide health coverage for low-income people. Although the federal government establishes certain parameters for all states to follow, each state administers their Medicaid program differently, resulting in variations in Medicaid coverage across the country.
"What West Virginia is trying to do is not discriminatory," Morrisey said. "It has to make very difficult budgetary decisions about the items and services that it covers for its beneficiaries. That's what our state has done. As I said, when you have so many demands with respect to our population, the drug addiction challenges, cancer, and everything else to then say no, you might have to spend tens of thousands on a sex-change surgery, we don't think that's right, and the federal government should not be trying to push it through.
"The whole purpose behind the Medicaid program was meant to be a cooperative program between the feds and the states, and this is most definitely not a mandatory provision under Medicaid."
About NEWSMAX TV:
NEWSMAX is the fastest-growing cable news channel in America!
Michael Katz ✉
Michael Katz is a Newsmax reporter with more than 30 years of experience reporting and editing on news, culture, and politics.
© 2026 Newsmax. All rights reserved.