Julianna S. Gonen, federal policy director for the National Center for Lesbian Rights, affirmed that the White House’s actions are “shameful” but stated that the Affordable Care Act’s “underlying guarantee of health care access free from discrimination remains in place.”
Gonen is correct: The finalized rule on Section 1557 doesn’t change the fact that courts have consistently ruled on the side of LGBTQ+ access to healthcare, and queer and trans people remain broadly protected from discrimination in almost half of U.S. states. 22 stateson the basis of gender identity in areas like housing, education, employment, and public accommodations, and those protections are not impacted by the Trump administration’s rule.
“Today’s rule is a tragically failed public health policy and just flat out illegal,” said Omar Gonzalez-Pagan, a senior attorney and health care strategist for Lambda Legal, in a statement. “We will be challenging the rule because at a time when the entire world is battling a dangerous pandemic, which in the United States has infected more than 2,000,000 people and killed more than 116,000, it is critical for everyone to have ready access to the potentially life-saving health care they need.
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