Tuesday, August 18, 2020

Court Enjoins Trump Administration Roll Back of Transgender Protections In Health Care

 In Walker v. Azar, (ED NY, Aug. 17, 2020), a New York federal district court enjoined the Trump Administration's roll back of anti-discrimination rules under the Affordable Care Act and Title IX. The roll back eliminated protections for LGBTQ individuals, and in particular for transgender persons. Citing the Supreme Court's recent Bostock decision, the court stayed the new rules' definition of discrimination on the basis of sex.  The court said:

As a result, the definitions of “on the basis of sex,” “gender identity,” and “sex stereotyping” currently set forth in 45 C.F.R. § 92.4 will remain in effect.

Politico reports on the decision.