A federal court permitted plaintiffs to continue to pursue several claims in Boston Alliance of LGBTQ+ Youth (BAGLY) et al v. HHS a lawsuit challenging the Trump-Pence Administration’s rule that attempts to undermine healthcare nondiscrimination protections contained in Section 1557 of the Affordable Care Act (ACA). The federal government had filed a motion to dismiss the case but the court allowed many of the claims to proceed while postponing consideration of others that are part of other court cases challenging the rule & dismissing only some limited parts of the suit. Ellen LaPointe Fenway Health CEO stated, “We are gratified that the court is allowing this lawsuit to proceed. Everyone deserves & is entitled to high quality health care that is delivered with compassion. No one should ever be denied access to care because of their sexual orientation, gender identity or expression, reproductive health needs, HIV status, or limited proficiency in English. This lawsuit seeks to ensure that everyone – including the most underserved and at-risk people in our communities – is afforded access to quality health care.” The lawsuit was filed against the Trump-Pence Administration on July 9, 2020 asserting that the new rule violates the Equal Protection Clause of the 14th Amendment. The discriminatory rule was published on June 19, 2020 just days after the June 15, 2020 U.S. Supreme Court ruling in Bostock v. Clayton County which found that it is unlawful sex discrimination to discriminate based on sexual orientation or gender identity. The lawsuit also asserts that the new rule will embolden discrimination & harm LGBTQ patients & people who are seeking or who have obtained reproductive health care, further stigmatize abortion & other pregnancy-related care. For More Info…
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