The Trump administration is seeking to remove Obamacare’s nondiscrimination protections for sex and gender identity in a final rule released Friday.
The Department of Health and Human Services said in a statement the government’s interpretation of sex discrimination will be based on the “the plain meaning of the word ‘sex’ as male or female and as determined by biology,” according to the Hill.
The administration says removing the protections won’t have much impact since a federal judge in Texas already removed most of the rule last year.
The Obama-era rule made it illegal for doctors, hospitals, and other healthcare workers to deny care for someone whose sexual orientation or gender identity they disagreed with.
Advocates and Democratic lawmakers criticized the move, calling it harmful for the LGBTQ population, particularly while the coronavirus pandemic continues to linger.
“At a time when protecting communities from the COVID-19 pandemic is paramount, your Department and the Trump Administration are knowingly putting the health and wellbeing of vulnerable individuals and children at risk, while blatantly promoting discrimination against LGBTQIA+ communities and religious minorities by pursuing the finalization of this proposed rule,” Democratic Sens. Ron Wyden and Patty Murray wrote in a letter to HHS Secretary Alex Azar.
Opponents of the move also fear the rollback will make it easier for healthcare workers to not only deny care or coverage to transgender patients but women who have had abortions.
