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  • Ryan Wittler

Biden Restores Gay and Transgender Health Care Protections Denied by Trump


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The Biden administration announced a reversal of Trump-era limits on health care protections against discrimination for gay and transgender people.

The Department of Health and Human Services gave the announcement, which concerns a provision of the Affordable Care Act that prevents health care providers and insurance companies from discriminating on the basis of “race, color, national origin, sex, age or disability.” The agency said it will begin interpreting that provision to encompass discrimination against someone on the basis of their sexual orientation or gender identity.

The announcement backs up the opinion authored by Justice Neil Gorsuch in last year’s landmark Supreme Court decision in Bostock v. Clayton County, in which The Court found that LGBTQ people are protected by the Civil Rights Act of 1964, thereby banning discrimination on the basis of sex.

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