Biden Revives Health Safeguards for Gay and Transgender Individuals
TL/DR –
The Biden administration has issued new protections for gay and transgender people, prohibiting discrimination based on sexual orientation and gender identity in federally funded healthcare. The new rule reverses a policy put in place by the Trump administration. While it has been hailed by civil rights advocates, the rule, which has undergone several changes under different presidents, is likely to face legal challenges, particularly from Republican-led states which have opposed gender-affirming care for minors.
New Protections for Gay and Transgender Medical Patients Announced by Biden Administration
The Biden administration announced on Friday new protections for gay and transgender medical patients, prohibiting federally funded health providers and insurers from discrimination based on sexual orientation and gender identity. The new rule reverses a policy instituted by the Trump administration and underpins President Biden’s commitment to restore civil rights protections for L.G.B.T.Q. people.
Health and Human Services Secretary, Xavier Becerra, defined the rule as a pivotal step towards a more equitable and inclusive healthcare system. It offers American citizens a clear path to exercise their rights against discrimination in healthcare. Despite expected legal challenges, particularly from Republican-led states that have restricted gender-affirming care for minors, the rule signifies a significant shift in federal policy.
Implications of the New Rule for the Affordable Care Act and Section 1557
The Affordable Care Act, passed in 2010, established a range of civil rights protections through Section 1557, prohibiting discrimination in any federally funded health program or activity. In 2016, the Obama administration issued a more limited version of this rule, which was later denied enforcement by the Trump administration.
The rule initiated by Biden on Friday maintains religious exemptions and does not mandate the provision of any specific medical service. Section 1557 prohibits discrimination on certain grounds and does not interfere with clinical judgment about patient care, the rule states. Conservative opponents have argued that this rule could coerce doctors into performing services they might object to, including on religious grounds.
Evolving Protections for Gay and Transgender Patients in the Healthcare System
In 2020, the Supreme Court ruled that the Civil Rights Act of 1964’s prohibition on sex-based discrimination also applied to discrimination based on sexual orientation and gender identity. Following this, the Biden administration began to reverse the Trump era policy.
Even as Republican officials sought to preserve the Trump-era rule, the Biden administration issued a proposed version of the rule, attracting over 85,000 comments. Groups advocating for the reversal of the Trump-era rule lauded the Biden administration decision on Friday. The Human Rights Campaign stated that countless Americans can now have reassurance that they won’t be denied healthcare due to their sexual orientation or gender identity.
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