Arkansas Democrat-Gazette

Care-protection policy restored

Preventing discrimina­tion of gay, transgende­r people is goal

- COMPILED BY DEMOCRAT-GAZETTE STAFF FROM WIRE REPORTS Informatio­n for this article was contribute­d by Ricardo Alonso-Zaldivar of The Associated Press and by Michael D. Shear and Margot Sanger Katz of The New York Times.

WASHINGTON — The federal government will protect gay and transgende­r people against sex discrimina­tion in health care, the Biden administra­tion declared Monday, reversing a Donald Trump-era policy that narrowed rights at the intersecti­on of changing social mores and sensitive medical decisions.

It marked the latest step by President Joe Biden to advance the rights of gay and transgende­r people across society, including in military service, housing and employment opportunit­ies.

The policy announceme­nt by the Department of Health and Human Services affirms that federal laws forbidding sex discrimina­tion in health care also protect gay and transgende­r people. The Trump administra­tion had defined “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 department Secretary Xavier Becerra. “Everyone — including LGBTQ people — should be able to access health care, free from discrimina­tion or interferen­ce, period.”

Both opponents and supporters of the action said it’s likely to lead to litigation.

Speaking for the medical community, the American Medical Associatio­n said in a statement that the Biden administra­tion “did the right thing” by ending “a dismal chapter [in] which a federal agency sought to remove civil rights protection­s.” But some conservati­ves warned that doctors could be forced to perform gender reassignme­nt procedures against their profession­al judgment.

Becerra said the Department of Health and Human Services will now be aligned 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.

Monday’s action does not fully reverse the Trump administra­tion’s interpreta­tion of the law. It encourages people who believe they have been discrimina­ted against to bring complaints to the federal government. Biden administra­tion officials said they were working to write more complete regulation­s on the civil-rights provision of the law, known as Section 1557.

“We do anticipate engaging in further rule-making,” said Robinsue Frohboese, the acting director of the Office for Civil Rights. She said the administra­tion did not have a timeline for when a formal regulatory change would be announced.

Since the Trump administra­tion’s transgende­r rule had been blocked by a federal judge, the Biden administra­tion action essentiall­y restores a policy establishe­d during the Barack Obama years. The Patient Protection and Affordable Care Act prohibited sex discrimina­tion in health care but did not use the term “gender identity.” The Obama administra­tion interprete­d the law as shielding gay and transgende­r people.

Behind the dispute over rights for transgende­r people is a medically recognized condition called “gender dysphoria” — discomfort or distress caused by a discrepanc­y between the gender that a person identifies as and the gender assigned at birth. Consequenc­es can include severe depression. Treatment can range from gender confirmati­on surgery and hormones to people changing their outward appearance by adopting a different hairstyle or clothing.

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.

But Tony Perkins, president of the religious conservati­ve Family Research Council, called sex “an objective biological reality” and said the Biden administra­tion is promulgati­ng “a nonsensica­l definition” of discrimina­tion. “While this decision will advance America’s cultural psychosis, it will potentiall­y put the physical well-being of individual­s at grave risk,” Perkins said in a statement.

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