Tuesday, June 23, 2020

What’s Being Done.

Last week (was it only last week, it seems like a life time ago) the Trump administration strip us from our healthcare be revising Section 1557 is the nondiscrimination provision of the Affordable Care Act (ACA). The law prohibits discrimination on the basis of race, color, national origin, sex, age, or disability in certain health programs or activities.

The Trump administration as narrowly defined “sex” as what is between your legs. 
NPR
June 12, 2020


The Trump administration on Friday finalized a rule that would remove nondiscrimination protections for LGBTQ people when it comes to health care and health insurance.

"HHS respects the dignity of every human being, and as we have shown in our response to the pandemic, we vigorously protect and enforce the civil rights of all to the fullest extent permitted by our laws as passed by Congress," said Roger Severino, who directs the Office for Civil Rights in the Department of Health and Human Services, in a written statement announcing that the HHS rule had become final. The rule is set to go into effect by mid-August.

It is one of many rules and regulations put forward by the Trump administration that defines "sex discrimination" as only applying when someone faces discrimination for being female or male, and does not protect people from discrimination on the basis of sexual orientation or gender identity.
But at the same time the Supreme Court said no, the word sex means a lot more than chromosomes, “...fires that person for traits or actions it would not have questioned in members of a different sex," Gorsuch wrote.

You know that there will be challenging to the ruling, and LGBTQ right organizations have filed law suits against the ruling.

The GLBTQ Legal Advocates & Defenders is one of those organizations...
“The Trump administration’s new interpretation of Section 1557 contradicts the Affordable Care Act, is dangerous to transgender people, and won’t survive federal challenge,” said GLBTQ Legal Advocates & Defenders. GLAD is currently in federal court challenging the denial of healthcare to a transgender man under the ACA’s non-discrimination statute referred to as Section 1557.

Pangborn v. Ascend, a federal lawsuit brought by GLBTQ Legal Advocates & Defenders (GLAD) on behalf of a transgender man denied coverage for gender affirming care, will test the legitimacy of the Trump administration’s reversal of an HHS rule that had previously made clear that transgender people are covered under the ACA’s non-discrimination provision known as Section 1557. The case alleges, among other claims, that Alexander Pangborn’s employer violated the ACA by categorically excluding insurance coverage for transgender people’s medical needs relating to gender transition.
Another is Lambda Legal…
“Today, Lambda Legal, a broad coalition of LGBTQ groups, and the people our clients serve say ‘enough’ to the incessant attacks from the very agency charged with protecting their health and well-being.”
It will be a long summer and fall until the election and then there is the 78 days between the election and the swearing in of the President. A lot of harm can be done in those 78 days.

VOTE!

VOTE!

Vote this November like your life depends upon it because it does.



In other news, you might remember that the state of Idaho banned trans athletes, well there has been backlash over the new law.
Idaho is now one of 12 states that California will longer offer state-funded travel to after Idaho passed two transgender bills in the last legislative session.
KTVB 7
By Associated Press
June 22, 2020


SACRAMENTO, Calif. — California Attorney General Xavier Becerra has added Idaho to a list of 11 other states where state-funded travel isn’t allowed because he determined that they violate a California law. 

That 2017 law is intended to guard against discrimination based on sexual orientation, gender identity or gender expression. Becerra on Monday cited two new laws that he says allow discrimination against transgender people. 
[…]
"The State of Idaho has taken drastic steps to undermine the rights of the transgender community, preventing people from playing sports in school or having documentation that reflects their identity. Let's not beat around the bush: these laws are plain and simple discrimination. That's why Idaho joins the list of AB 1887 discriminating states," Becerra said in a statement.

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