'Confusion All Around': Judge Struggles With Other Gender Identity Rulings in Trump LGBTQ Health Care Challenge
The judge grappled with how the U.S. Supreme Court's ruling for gender identity protections in the workplace, and another trial judge's ruling against similar safeguards in Obamacare, apply to a lawsuit challenging a new Trump regulation impacting transgender people's health care.
August 03, 2020 at 05:29 PM
5 minute read
The original version of this story was published on National Law Journal
A federal judge in Washington, D.C., grappled over whether to block the Trump administration's rollback of health care protections for LGBTQ individuals, raising another court ruling that threw out a previous version of the challenged rule and the U.S. Supreme Court's recent opinion on worker safeguards on the basis of gender identity.
U.S. District Judge James Boasberg heard arguments Monday in the lawsuit filed by Lambda Legal and Steptoe & Johnson LLP attorneys on behalf of LGBTQ groups and health care providers challenging the administration's revised rule that removed a definition of sex discrimination from the Affordable Care Act that applied to transgender people.
Boasberg pressed Lambda Legal staff attorney Omar Gonzalez-Pagan about the irreparable harm organizations would face if the new rule were allowed to remain in place. The judge said he understood the arguments that the change would cause providers to see more patients with severe medical issues because they avoided treatment out of fear of discrimination, but questioned whether it actually constituted irreparable harm.
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