Trump administration proposes rule that removes Obama-era transgender health care protections

25 Mai, 2019, 06:36 | Auteur: Yves Courtet
  • A group of activists outside the White House last October protesting for trans rights

The Trump administration moved Friday to revoke newly won health care discrimination protections for transgender people, the latest in a series of actions that aim to reverse gains by LGBTQ Americans in areas ranging from the military to housing and education. This would carve #LGBTQ people out of the #ACA's nondiscrimination protections, & invite health care workers, doctors, hospitals, insurance companies that receive fed funding to refuse to provide/cover services critical to health.

The rule is unlikely to have immediate consequences beyond the realm of political debate. "Despite the intolerance and hatred perpetrated by President Trump and Vice President Pence, every trans American should know that they are seen, they are heard, and we are fighting with them". "Announcing policies that will take away healthcare and shelter protections in a single week.So many people will die". "The administration puts LGBTQ people at greater risk of being denied necessary and appropriate health care exclusively based on their sexual orientation or gender identity".

"This proposed rule, thus, seeks to amend regulations that identify sexual orientation or gender identity as prohibited bases for discrimination for certain Department funded or administered programs", the draft rule states.

Democratic efforts to redefine sex discrimination to include gender identity and abortion protections didn't end with the Obama administration; they've simply moved their fight from the executive branch to the legislative. It faces a 60-day comment period and another layer of review before it can be finalized. The rule was meant to carry out the anti-discrimination section of the Affordable Care Act, which bars sex discrimination in health care but does not use the term "gender identity".

The Office of Civil Rights (OCR) said in a statement that the Obama-era regulation runs "contrary" to the Religious Freedom Restoration Act and the Administrative Procedure Act. "The American people want vigorous protection of civil rights and faithfulness to the text of the laws passed by their representatives".

Administration officials said the White House is weighing two options: either rescinding those rules altogether, or adding an explicit exemption for religious organizations.

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The Obama rule dates to a time when LGBT people were gaining political and social recognition.

But on Friday, the Human Rights Campaign said the protections now in place for transgender patients are vital to safeguarding their civil rights.

Another part of the 200-plus-page proposal invokes Title IX's gender-based discrimination protections-by saying that allowing trans students into spaces like bathrooms and dressing rooms is sex discrimination against cis students.

The Healthcare Rights Law prohibits discrimination in the medical field on the basis of sex, race, religion, and other characteristics, and in 2016 the Obama administration included "gender identity" and a history of "termination of pregnancy" as examples of sex discrimination.

According to the Human Rights Campaign, fear "of discrimination causes many LGBTQ people to avoid seeking healthcare, and when they do enter care, studies indicate that LGBTQ people are not consistently treated with the respect that all patients deserve".

"We believe in the inherent human dignity of all people", Severino said. Louise Melling, ACLU deputy legal director said the potential impact could go beyond LGBT people and also subject women to discrimination for having had an abortion.

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