SUBSCRIBE TO OUR FREE NEWSLETTER
Daily news & progressive opinion—funded by the people, not the corporations—delivered straight to your inbox.
5
#000000
#FFFFFF
5
#000000
#FFFFFF
Protestors shared a laugh during a rally against the transgender bathroom rights repeal at Thomas Paine Plaza February 25, 2017 in Philadelphia, Pennsylvania. Rallies were also held across the country in support of the Affordable Care Act. (Photo: Mark Makela/Getty Images)
'Crucial Early Victory' for Trans Patients as Judge Blocks Trump's Gutting of Healthcare Discrimination Protections
"The safety and lives of LGBTQ people, but especially transgender people, hang in the balance."
Aug 18, 2020
LGBTQ+ rights advocates celebrated after a federal judge on Monday temporarily blocked part of a Trump administration healthcare rule that would scrap Obama-era non-discrimination protections for transgender patients, which was supposed to take effect Tuesday.
"LGBTQ Americans deserve the healthcare that they need without fear of mistreatment, harassment, or humiliation."
--Alphonso David, HRC
The legal victory was "a step in the right direction," Human Rights Campaign (HRC) president Alphonso David said in a statement, vowing that his organization "will continue to fight the administration's attempts to dehumanize and stigmatize the LGBTQ community."
"This failed attempt to callously strip away non-discrimination healthcare protections" with a rule that "should be permanently tossed out," David added, "is merely the latest in a long line of attacks against the transgender community" from the administration of President Donald Trump and Vice President Mike Pence.
The rule, finalized by the Department of Health and Human Services (HHS) in June, would roll back the Obama-era definition of discrimination on the basis of sex under Section 1557 of the Affordable Care Act (ACA). Critics warned the rule would embolden discrimination against transgender patients and others seeking care.
Federal District Court Judge Frederic Block of the Eastern District of New York issued a preliminary injunction (pdf) preventing enforcement of the HHS rule during litigation challenging it. Block found the rule contradicts a U.S. Supreme Court decision that came in June, just days after the rule was finalized.
In what advocates hailed as a "huge victory for LGBTQ equality," the high court found that federal protections against job discrimination on the basis of sex make it illegal for employers to fire workers because of their transgender status or their sexual orientation.
"When the Supreme Court announces a major decision, it seems a sensible thing to pause and reflect on the decision's impact," Block wrote, referencing that ruling. "Since HHS has been unwilling to take that path voluntarily, the court now imposes it."
Block's decision came in a case filed by HRC and and Baker Hostetler on behalf of Tanya Asapansa-Johnson Walker and Cecilia Gentili, who are both transgender women of color.
"This is a crucial early victory for our plaintiffs, Tanya and Cecilia, and for the entire LGBTQ community, particularly those who are multiply marginalized and suffering disproportionately from the impacts of the twin pandemics of Covid-19 and racialized violence," David said of the judge's injunction.
"We are pleased the court recognized this irrational rule for what it is: discrimination, plain and simple," he added. "LGBTQ Americans deserve the healthcare that they need without fear of mistreatment, harassment, or humiliation."
Block's decision notably does not address other provisions of the HHS rule, "including its elimination of the prohibition on categorical exclusions, elimination of language access protections for people with limited English proficiency, and incorporation of religious exemptions," explained Lambda Legal, which is also challenging the regulation.
Despite the limitations of Block's decision, Lambda Legal senior attorney and healthcare strategist Omar Gonzalez-Pagan welcomed the injunction, and congratulated Walker, Gentili, HRC, and their co-counsel "on this important victory in the fight against the Trump administration's failed public health policy."
"We look forward to a decision in our case challenging the healthcare discrimination rule," Gonzalez-Pagan said. "The safety and lives of LGBTQ people, but especially transgender people, hang in the balance."
"HHS's healthcare discrimination rule threatens to wreak havoc and confusion, hurting our most vulnerable populations, who already are suffering disproportionately at the hands of the Covid-19 pandemic."
--Carl Charles, Lambda LegalLike HRC's David, Lambda Legal staff attorney Carl Charles pointed out that "LGBTQ people, particularly transgender people, have been under constant attack by the Trump administration."
"HHS's healthcare discrimination rule threatens to wreak havoc and confusion, hurting our most vulnerable populations, who already are suffering disproportionately at the hands of the Covid-19 pandemic," Charles added. "Our communities deserve better."
Former Vice President Joe Biden, who later this week is expected to accept the Democratic Party's presidential nomination to face off against Trump in November, also welcomed Block's decision in a tweet Tuesday morning.
"A good step forward. Yet President Trump continues to do everything he can to dismantle the Affordable Care Act," Biden wrote. "I will defend the rights of all Americans to have access to quality, affordable healthcare, free from discrimination."
We are at a crossroads
This country and this world are at a monumental crossroads. US voters have an opportunity to beat back the forces of fascism and confront the billionaires who are rigging the economy, our media system, and our democracy, making it increasingly impossible for ordinary people to get by. We’re not just talking about the election. We’re talking about what must be done once these fascist elements are vanquished from power. We need a bolder set of solutions than what either major party has so far been willing to offer and a working-class movement ready to fight like hell for it. Trump didn't emerge from nowhere. The conditions that fueled MAGA authoritarianism were created by decades of radical neoliberal economic policies and a corrupt political system dominated by corporate interests. They slashed taxes on the super-rich, promising that the benefits would trickle down. They said giveaways to the corporate titans would make life more affordable for the rest of us. It was all bullshit. And when a bitter, betrayed populace searches for someone to blame, right-wing demagogues have little trouble finding scapegoats. People know when they're being lied to, but you won't hear any of this from the corporate media. Only independent journalism—powered and funded by people who believe in building a better world—can deliver truly trustworthy daily news. If you share our vision, please contribute whatever you can to sustain our work. |
Our work is licensed under Creative Commons (CC BY-NC-ND 3.0). Feel free to republish and share widely.
affordable care actdiscriminationhealthcarehuman rights campaignjoe bidenlgbtqmike pencepandemicreligionreproductive rightswomen
LGBTQ+ rights advocates celebrated after a federal judge on Monday temporarily blocked part of a Trump administration healthcare rule that would scrap Obama-era non-discrimination protections for transgender patients, which was supposed to take effect Tuesday.
"LGBTQ Americans deserve the healthcare that they need without fear of mistreatment, harassment, or humiliation."
--Alphonso David, HRC
The legal victory was "a step in the right direction," Human Rights Campaign (HRC) president Alphonso David said in a statement, vowing that his organization "will continue to fight the administration's attempts to dehumanize and stigmatize the LGBTQ community."
"This failed attempt to callously strip away non-discrimination healthcare protections" with a rule that "should be permanently tossed out," David added, "is merely the latest in a long line of attacks against the transgender community" from the administration of President Donald Trump and Vice President Mike Pence.
The rule, finalized by the Department of Health and Human Services (HHS) in June, would roll back the Obama-era definition of discrimination on the basis of sex under Section 1557 of the Affordable Care Act (ACA). Critics warned the rule would embolden discrimination against transgender patients and others seeking care.
Federal District Court Judge Frederic Block of the Eastern District of New York issued a preliminary injunction (pdf) preventing enforcement of the HHS rule during litigation challenging it. Block found the rule contradicts a U.S. Supreme Court decision that came in June, just days after the rule was finalized.
In what advocates hailed as a "huge victory for LGBTQ equality," the high court found that federal protections against job discrimination on the basis of sex make it illegal for employers to fire workers because of their transgender status or their sexual orientation.
"When the Supreme Court announces a major decision, it seems a sensible thing to pause and reflect on the decision's impact," Block wrote, referencing that ruling. "Since HHS has been unwilling to take that path voluntarily, the court now imposes it."
Block's decision came in a case filed by HRC and and Baker Hostetler on behalf of Tanya Asapansa-Johnson Walker and Cecilia Gentili, who are both transgender women of color.
"This is a crucial early victory for our plaintiffs, Tanya and Cecilia, and for the entire LGBTQ community, particularly those who are multiply marginalized and suffering disproportionately from the impacts of the twin pandemics of Covid-19 and racialized violence," David said of the judge's injunction.
"We are pleased the court recognized this irrational rule for what it is: discrimination, plain and simple," he added. "LGBTQ Americans deserve the healthcare that they need without fear of mistreatment, harassment, or humiliation."
Block's decision notably does not address other provisions of the HHS rule, "including its elimination of the prohibition on categorical exclusions, elimination of language access protections for people with limited English proficiency, and incorporation of religious exemptions," explained Lambda Legal, which is also challenging the regulation.
Despite the limitations of Block's decision, Lambda Legal senior attorney and healthcare strategist Omar Gonzalez-Pagan welcomed the injunction, and congratulated Walker, Gentili, HRC, and their co-counsel "on this important victory in the fight against the Trump administration's failed public health policy."
"We look forward to a decision in our case challenging the healthcare discrimination rule," Gonzalez-Pagan said. "The safety and lives of LGBTQ people, but especially transgender people, hang in the balance."
"HHS's healthcare discrimination rule threatens to wreak havoc and confusion, hurting our most vulnerable populations, who already are suffering disproportionately at the hands of the Covid-19 pandemic."
--Carl Charles, Lambda LegalLike HRC's David, Lambda Legal staff attorney Carl Charles pointed out that "LGBTQ people, particularly transgender people, have been under constant attack by the Trump administration."
"HHS's healthcare discrimination rule threatens to wreak havoc and confusion, hurting our most vulnerable populations, who already are suffering disproportionately at the hands of the Covid-19 pandemic," Charles added. "Our communities deserve better."
Former Vice President Joe Biden, who later this week is expected to accept the Democratic Party's presidential nomination to face off against Trump in November, also welcomed Block's decision in a tweet Tuesday morning.
"A good step forward. Yet President Trump continues to do everything he can to dismantle the Affordable Care Act," Biden wrote. "I will defend the rights of all Americans to have access to quality, affordable healthcare, free from discrimination."
LGBTQ+ rights advocates celebrated after a federal judge on Monday temporarily blocked part of a Trump administration healthcare rule that would scrap Obama-era non-discrimination protections for transgender patients, which was supposed to take effect Tuesday.
"LGBTQ Americans deserve the healthcare that they need without fear of mistreatment, harassment, or humiliation."
--Alphonso David, HRC
The legal victory was "a step in the right direction," Human Rights Campaign (HRC) president Alphonso David said in a statement, vowing that his organization "will continue to fight the administration's attempts to dehumanize and stigmatize the LGBTQ community."
"This failed attempt to callously strip away non-discrimination healthcare protections" with a rule that "should be permanently tossed out," David added, "is merely the latest in a long line of attacks against the transgender community" from the administration of President Donald Trump and Vice President Mike Pence.
The rule, finalized by the Department of Health and Human Services (HHS) in June, would roll back the Obama-era definition of discrimination on the basis of sex under Section 1557 of the Affordable Care Act (ACA). Critics warned the rule would embolden discrimination against transgender patients and others seeking care.
Federal District Court Judge Frederic Block of the Eastern District of New York issued a preliminary injunction (pdf) preventing enforcement of the HHS rule during litigation challenging it. Block found the rule contradicts a U.S. Supreme Court decision that came in June, just days after the rule was finalized.
In what advocates hailed as a "huge victory for LGBTQ equality," the high court found that federal protections against job discrimination on the basis of sex make it illegal for employers to fire workers because of their transgender status or their sexual orientation.
"When the Supreme Court announces a major decision, it seems a sensible thing to pause and reflect on the decision's impact," Block wrote, referencing that ruling. "Since HHS has been unwilling to take that path voluntarily, the court now imposes it."
Block's decision came in a case filed by HRC and and Baker Hostetler on behalf of Tanya Asapansa-Johnson Walker and Cecilia Gentili, who are both transgender women of color.
"This is a crucial early victory for our plaintiffs, Tanya and Cecilia, and for the entire LGBTQ community, particularly those who are multiply marginalized and suffering disproportionately from the impacts of the twin pandemics of Covid-19 and racialized violence," David said of the judge's injunction.
"We are pleased the court recognized this irrational rule for what it is: discrimination, plain and simple," he added. "LGBTQ Americans deserve the healthcare that they need without fear of mistreatment, harassment, or humiliation."
Block's decision notably does not address other provisions of the HHS rule, "including its elimination of the prohibition on categorical exclusions, elimination of language access protections for people with limited English proficiency, and incorporation of religious exemptions," explained Lambda Legal, which is also challenging the regulation.
Despite the limitations of Block's decision, Lambda Legal senior attorney and healthcare strategist Omar Gonzalez-Pagan welcomed the injunction, and congratulated Walker, Gentili, HRC, and their co-counsel "on this important victory in the fight against the Trump administration's failed public health policy."
"We look forward to a decision in our case challenging the healthcare discrimination rule," Gonzalez-Pagan said. "The safety and lives of LGBTQ people, but especially transgender people, hang in the balance."
"HHS's healthcare discrimination rule threatens to wreak havoc and confusion, hurting our most vulnerable populations, who already are suffering disproportionately at the hands of the Covid-19 pandemic."
--Carl Charles, Lambda LegalLike HRC's David, Lambda Legal staff attorney Carl Charles pointed out that "LGBTQ people, particularly transgender people, have been under constant attack by the Trump administration."
"HHS's healthcare discrimination rule threatens to wreak havoc and confusion, hurting our most vulnerable populations, who already are suffering disproportionately at the hands of the Covid-19 pandemic," Charles added. "Our communities deserve better."
Former Vice President Joe Biden, who later this week is expected to accept the Democratic Party's presidential nomination to face off against Trump in November, also welcomed Block's decision in a tweet Tuesday morning.
"A good step forward. Yet President Trump continues to do everything he can to dismantle the Affordable Care Act," Biden wrote. "I will defend the rights of all Americans to have access to quality, affordable healthcare, free from discrimination."
We've had enough. The 1% own and operate the corporate media. They are doing everything they can to defend the status quo, squash dissent and protect the wealthy and the powerful. The Common Dreams media model is different. We cover the news that matters to the 99%. Our mission? To inform. To inspire. To ignite change for the common good. How? Nonprofit. Independent. Reader-supported. Free to read. Free to republish. Free to share. With no advertising. No paywalls. No selling of your data. Thousands of small donations fund our newsroom and allow us to continue publishing. Can you chip in? We can't do it without you. Thank you.
To inform. To inspire. To ignite change for the common good.
News & Opinion
Trending
Common Dreams, Inc. Founded 1997. Registered 501(c3) Non-Profit
Privacy Policy