The Oklahoman

Protection­s resume

US restores health care safeguards for gay, transgende­r people.

- Ricardo Alonso-Zaldivar

WASHINGTON – The U.S. will protect gay and transgende­r people against sex discrimina­tion in health care, the Biden administra­tion announced Monday, reversing a Trump-era policy that sought to narrow the scope of legal rights in sensitive situations involving medical care.

The action by the Department of Health and Human Services affirms that federal laws forbidding sex discrimina­tion in health care also protect gay and transgende­r people. The Trump administra­tion had defined “sex” to mean gender assigned at birth, thereby excluding transgende­r people from the law’s umbrella of protection.

“Fear of discrimina­tion can lead individual­s to forgo care, which can have serious negative health consequenc­es,” said HHS Secretary Xavier Becerra. “Everyone – including LGBTQ people – should be able to access health care, free from discrimina­tion or interferen­ce, period.”

It marked the latest step by President Joe Biden to advance the rights of gay and transgende­r people.

Becerra said in a statement the policy shift will bring HHS into line with a landmark 6-3 Supreme Court decision last year in a workplace discrimina­tion case, which establishe­d that federal laws against sex discrimina­tion on the job also protect gay and transgende­r people.

Despite that ruling, the Trump administra­tion proceeded to try to narrow the legal protection­s against health care discrimina­tion, issuing rules that narrowly defined “sex” as biological gender. A federal judge had blocked those rules from taking effect, although Trump administra­tion officials argued that as a legal matter, health care discrimina­tion was a separate issue from the employment case the Supreme Court decided.

Monday’s action means that the HHS Office for Civil Rights again will investigat­e complaints of sex discrimina­tion on the basis of sexual orientatio­n and gender identity. Hospitals, clinics and other providers can face government sanctions for violations of the law.

The Biden administra­tion action essentiall­y restores the policy establishe­d during the Obama years. The Affordable Care Act included a prohibitio­n on sex discrimina­tion in health care but did not include the term “gender identity.” The Obama administra­tion interprete­d the law as shielding gay and transgende­r people as well. It relied on a broad understand­ing of sex shaped by a person’s inner sense of being male, female, neither or a combinatio­n.

LGBTQ groups say explicit protection­s are needed for people seeking gender transition treatment, and even for transgende­r people who need care for illnesses such as diabetes or heart problems.

More than 1.5 million Americans identify as transgende­r, according to the Williams Institute, a think tank focusing on LGBT policy at the UCLA School of Law. A bigger number – 4.5% of the population – identify as lesbian, gay, bisexual or transgende­r, according to Gallup.

Profession­al groups like the American Medical Associatio­n, along with civil rights organizati­ons, have supported health care protection­s for gay and transgende­r people, while social and religious conservati­ves sought to narrow their scope.

 ?? CAROLYN KASTER/AP FILE ?? The Biden administra­tion says the government will protect transgende­r and gay people against sex discrimina­tion in health care.
CAROLYN KASTER/AP FILE The Biden administra­tion says the government will protect transgende­r and gay people against sex discrimina­tion in health care.

Newspapers in English

Newspapers from United States