The Biden administration has announced new protections for gay and transgender individuals within the healthcare system, prohibiting discrimination based on sexual orientation and gender identity by federally funded health providers and insurers. This rule reversal fulfills part of President Biden’s promise to restore civil rights protections for LGBTQ individuals that were removed by the previous administration. Health and Human Services Secretary Xavier Becerra described the new rule as a significant step towards a more equitable and inclusive healthcare system, giving Americans clear ways to address discrimination when seeking medical care.
The new rule addresses a contentious issue in American politics, with over 20 Republican-led states implementing restrictions on gender-affirming care for minors in recent years. This rule is likely to face legal challenges and has seen multiple iterations under different presidential administrations. The Affordable Care Act established civil rights protections in the U.S. health system through Section 1557, prohibiting discrimination against patients based on various factors. The Obama administration issued a narrower version of the rule in 2016, requiring health providers to offer appropriate treatment for transgender patients, but the Trump administration chose not to enforce it.
Conservative critics of the new rule have raised concerns that it could compel doctors to perform services they object to on religious grounds. However, the Biden administration’s finalized rule maintains religious exemptions and does not mandate specific medical services. The rule clarifies that discrimination on prohibited bases is not allowed, but individualized clinical judgment remains important in determining the appropriate care for a patient. The Biden administration’s actions are a response to the Supreme Court’s 2020 ruling that discrimination based on sexual orientation and gender identity is covered by the Civil Rights Act of 1964.
Republican officials have continued to support the Trump-era rule, and some have threatened legal action against the Biden administration’s new policy. The Health and Human Services Department received more than 85,000 comments on the proposed rule, indicating significant interest and controversy surrounding the issue. Advocates for LGBTQ rights have praised the Biden administration’s decision, emphasizing that the new rule ensures that Americans cannot be denied healthcare based on their identity or who they love. The implementation of these protections marks an important step towards creating a more inclusive and equitable healthcare system in the United States.
