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LGBTQ Health Care Protections Blocked

By Charlotte Robinson, July 08, 2024

A District Court judge has ordered a nationwide preliminary injunction that blocks enforcement of the newly finalized LGBTQ non-discrimination protections under Section 1557 of the Affordable Care Act (ACA) for Americans who experience discrimination based on their gender identity. Kelley Robinson, Human Rights Campaign President stated, “The discrimination LGBTQ+ people will continue to experience under this injunction is indefensible. This ruling is not only morally wrong, it's also bad policy. Everyone deserves access to the medical care they need to be healthy & thrive. Instead, this court has sided with the fringe groups & politicians who want to bully our community at every opportunity. This isn’t over: all LGBTQ+ people should receive the health care they deserve and be able to make informed decisions about our own bodies.” The consequences of this preliminary injunction will impact many patients across the country including denial of coverage for hormone replacement therapy (HRT) that trans people regularly need. It will also allow verbal or physical abuse from doctors or other medical providers directed at LGBTQ+ patients & the ability to turn away LGBTQ people in emergency situations because of their gender identity. Without enforcement of Section 1557 against discrimination based on gender identity health care providers who receive federal funding may also be encouraged to discriminate, limit or deny coverage & under some circumstances deny critical access to necessary medical services for patients in need. This all happened as the Biden-Harris administration who promised to stand with transgender young people took a position opposing best practice gender-affirming surgeries for transgender youth.

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