US judge rejects Biden administration's LGBT health protections

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November 11 (Reuters) – A Texas federal judge ruled on Friday that President Joe Biden’s administration had misinterpreted an Obamacare provision as prohibiting health care providers from discriminating against gay and transgender people.

U.S. District Judge Matthew Kacsmaryk in Amarillo has ruled that a landmark 2020 U.S. Supreme Court ruling that a law prohibiting workplace discrimination protects gay and transgender employees does not apply to health law.

The decision by Kacsmaryk, an appointee of former Republican President Donald Trump, came as part of a class action lawsuit brought by two doctors represented by the America First Legal Foundation, created by Trump’s former adviser to the White House, Stephen Miller.

They sued after the US Department of Health and Human Services said in May 2021 that it would interpret Section 1557 of the Affordable Care Act, which prohibits health care providers from discriminating on the basis of on sex, as extending to sexual orientation and gender identity.

Kacsmaryk said Congress, when passing the law, known as Obamacare, in 2010 during former Democratic President Barack Obama’s tenure, could have included “sexual orientation” or ” gender identity” in the text, but “chose not to.”

Instead, the law incorporated the ban on “sex-based” discrimination into Title IX, a 50-year-old federal civil rights law that prohibits such discrimination in education programs.

Kacsmaryk said the logic of the Supreme Court’s 6-3 finding that the Title VII prohibition against sex discrimination covered gay and transgender workers did not lead to the same result under Title IX text.

“The ordinary public meaning of Title IX remains intact until amended by Congress, or perhaps the Supreme Court,” Kacsmaryk wrote.

HHS and plaintiffs’ attorneys did not immediately respond to requests for comment.

The Obama administration introduced rules in 2016 that made it clear that LGBT people would be protected under the health care discrimination provision.

But those protections were overridden by a Trump-era rule finalized in 2020. In June, the Biden administration proposed a rule to re-enshrine those protections.

Reporting by Nate Raymond in Boston; Editing by Clarence Fernandez

Our standards: The Thomson Reuters Trust Principles.

Nathalie Raymond

Thomson Reuters

Nate Raymond reports on federal judiciary and litigation. He can be reached at [email protected]

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2/ https://www.reuters.com/legal/us-judge-rejects-biden-administrations-lgbt-health-protections-2022-11-12/

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