Health Care Anti-Discrimination Policies are Under Attack
by Isabella Zollner
On June 12th, the anniversary of the Pulse Shooting, the Trump Administration demolished a health care anti-discrimination policy for Transgender individuals. This anti-discrimination policy was a part of Section 1557 of the Affordable Care Act (ACA). Section 1557 states that no one can be medically discriminated against based on, “race, color, national origin, sex, age, or disability in certain health programs or activities.” Under the Obama Administration, this list defined sex as gender identity, which specifically included transgender individuals.
As you can see, inclusion of gender identity is an incredibly important specification. Health care providers should provide appropriate medical care. In addition, LGBTQIA+ people are significantly more likely to experience mental illness, we need that help. However, because of health care discrimination nearly 30% of transgender people avoid getting medical care.
When gender identity was included in the ACA, health care discrimination had a clear legal standing. While this didn’t solve the problem of medical discrimination, it did a lot to control it. Now that the Trump Administration has cut gender identity out of ACA, that control is gone.
One of the most deadly parts of cut back is the timing. Not only are we in the middle of a pandemic, when people need to be seeing their health care providers in order to keep themselves and others safe. It appears the Trump Administration waited until other national and international issues overwhelmed media coverage to create this policy. This kind of manipulation coupled with complete disregard for basic human rights is treacherous and must not be allowed to continue.
Several organizations have recognized this and filed lawsuits against this attack on transgender rights. The Human Rights Campaign (HRC), Whitman-Walker Health, Bradbury Sullivan LGBT Community Center, Los Angeles LGBT Center, GLMA: Health Proffesionals Advancing LGBTQ Equality, AGLP: The Association of LGBTQ Psychairatrists, and four doctors have filed lawsuits against the new anti-discrimination policy. HRC is represented by BakerHostetler while the other companies have filed a single lawsuit with Lambda Legal.
HRC announced their lawsuit June 12, the day Trump’s changes to the anti-discrimination policy were announced. However, HRC has long been fighting against this policy being created. In May 2019, when the Trump Administration first tried to eliminate health care anti-discrimination policies for transgender people. HRC submitted over 120,000 public comments in support of gender identity being included in Section 1557 of ACA. These comments helped secure the public opposition of Americans to the new policy. And while those comments and other measures held off the removal of gender identity from Section 1557 of ACA the Trump administration still enacted a transphobic and discriminatory policy.
In response, the HRC has filed their first lawsuit since committing to expanding their legal advocacy. With the Baker-Hostetler Law firm they plan to argue the Trump Administration has no right to define what sex discrimination is and therefore do not get to exclude transgender people from the definition of sex discrimination. The HRC also points out that to exclude transgender people from this anti-discrimination policy would undermine the very point of that policy. Along with BakerHostetler the HRC will continue work to return transgender rights to the anti-discrimination policy.
On June 22 Lambda Legal publicly announced that they will continue legal action to keep Gender Identity in Section 1557 of ACA. They have filed a complaint pointing out that the removal of transgender anti-discrimination policies is both immoral and asinine. Lambda Legal calls attention to the fact that we are currently experiencing an epidemic that has been grossly mishandled by state and federal governments. Increasing the risk of health care discrimination for transgender people could lead to an increase in the number of undiagnosed COVID-19 cases.
Lambda Legal also points out the confusion that this new policy will create. This confusion will ensue because this new policy appears to legalize discrimination. When in fact, on June 15, 2020 the Supreme Court ruled that sex discrimination included gender identity and sexual orientation. So, not only will this new policy create a discriminatory medical environment for transgender people, it will confuse court hearings that should be straight forward.
Lambda Legal and the HRC with Baker Hostetler have built powerful cases in favor of keeping the anti-discrimination policy. Because of their hard work, we are hoping to see this pro-discrimination policy reversed. But remember, the more silence that surrounds this case, the harder it will be for Lambda Legal and HRC with BakerHostetler to win over the public and in turn the courts. So, do your research and spread the word about the ongoings of this court case.
About the Author:
After being subjected to homophobic harassment in the classroom, Isabella decided to try and use her writing to encourage others to stand up for each other and themselves. Isabella is a high school student in Lafayette, IN.
