Breaking News
Investing Pro 0
🚨 Our Pro Data Reveals the True Winner of Earnings Season Access Data

U.S. judge rejects Biden administration's LGBT health protections

Stock Markets Nov 14, 2022 05:46AM ET
Saved. See Saved Items.
This article has already been saved in your Saved Items
 
© Reuters. FILE PHOTO: Transgender rights activist waves a transgender flag at a rally in Washington Square Park in New York, U.S., May 24, 2019. REUTERS/Demetrius Freeman/File Photo

By Nate Raymond

(Reuters) - A federal judge in Texas ruled on Friday that President Joe Biden's administration had wrongly interpreted an Obamacare provision as barring health care providers from discriminating against gay and transgender people.

U.S. District Judge Matthew Kacsmaryk in Amarillo ruled that a landmark U.S. Supreme Court decision in 2020 holding that a law barring workplace discrimination protects gay and transgender employees did not apply to the healthcare law.

The ruling by Kacsmaryk, an appointee of former Republican President Donald Trump, came in a class action lawsuit by two doctors represented by the America First Legal Foundation, set up by former Trump White House adviser Stephen Miller.

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

Kacsmaryk said Congress, when adopting the law, known as Obamacare, in 2010, during the tenure of former Democratic President Barack Obama, could have included "sexual orientation" or "gender identity" in the text, but "chose not to do so."

Instead, the law incorporated the bar against discrimination "on the basis of sex" in Title IX, a 50-year-old federal civil rights law that bars such discrimination in education programs.

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

"Title IX's ordinary public meaning remains intact until changed by Congress, or perhaps the Supreme Court," Kacsmaryk wrote.

HHS and the plaintiffs' lawyers did not immediately respond to requests for comment.

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

But those protections were reversed by a Trump-era rule finalized in 2020. In June, the Biden administration proposed a rule to once again enshrine such protections.

U.S. judge rejects Biden administration's LGBT health protections
 

Related Articles

Add a Comment

Comment Guidelines

We encourage you to use comments to engage with other users, share your perspective and ask questions of authors and each other. However, in order to maintain the high level of discourse we’ve all come to value and expect, please keep the following criteria in mind:  

  •            Enrich the conversation, don’t trash it.

  •           Stay focused and on track. Only post material that’s relevant to the topic being discussed. 

  •           Be respectful. Even negative opinions can be framed positively and diplomatically. Avoid profanity, slander or personal attacks directed at an author or another user. Racism, sexism and other forms of discrimination will not be tolerated.

  • Use standard writing style. Include punctuation and upper and lower cases. Comments that are written in all caps and contain excessive use of symbols will be removed.
  • NOTE: Spam and/or promotional messages and comments containing links will be removed. Phone numbers, email addresses, links to personal or business websites, Skype/Telegram/WhatsApp etc. addresses (including links to groups) will also be removed; self-promotional material or business-related solicitations or PR (ie, contact me for signals/advice etc.), and/or any other comment that contains personal contact specifcs or advertising will be removed as well. In addition, any of the above-mentioned violations may result in suspension of your account.
  • Doxxing. We do not allow any sharing of private or personal contact or other information about any individual or organization. This will result in immediate suspension of the commentor and his or her account.
  • Don’t monopolize the conversation. We appreciate passion and conviction, but we also strongly believe in giving everyone a chance to air their point of view. Therefore, in addition to civil interaction, we expect commenters to offer their opinions succinctly and thoughtfully, but not so repeatedly that others are annoyed or offended. If we receive complaints about individuals who take over a thread or forum, we reserve the right to ban them from the site, without recourse.
  • Only English comments will be allowed.
  • Any comment you publish, together with your investing.com profile, will be public on investing.com and may be indexed and available through third party search engines, such as Google.

Perpetrators of spam or abuse will be deleted from the site and prohibited from future registration at Investing.com’s discretion.

Write your thoughts here
 
Are you sure you want to delete this chart?
 
Post
Post also to:
 
Replace the attached chart with a new chart ?
1000
Your ability to comment is currently suspended due to negative user reports. Your status will be reviewed by our moderators.
Please wait a minute before you try to comment again.
Thanks for your comment. Please note that all comments are pending until approved by our moderators. It may therefore take some time before it appears on our website.
Comments (1)
Michael Roal Casa
Michael Roal Casa Nov 14, 2022 9:18AM ET
Saved. See Saved Items.
This comment has already been saved in your Saved Items
REPUGNICAN JUDGE AT ITS BEST
 
Are you sure you want to delete this chart?
 
Post
 
Replace the attached chart with a new chart ?
1000
Your ability to comment is currently suspended due to negative user reports. Your status will be reviewed by our moderators.
Please wait a minute before you try to comment again.
Add Chart to Comment
Confirm Block

Are you sure you want to block %USER_NAME%?

By doing so, you and %USER_NAME% will not be able to see any of each other's Investing.com's posts.

%USER_NAME% was successfully added to your Block List

Since you’ve just unblocked this person, you must wait 48 hours before renewing the block.

Report this comment

I feel that this comment is:

Comment flagged

Thank You!

Your report has been sent to our moderators for review
Continue with Google
or
Sign up with Email