The court case concerning discrimination in healthcare on the basis of gender identity will serve as a blueprint for future litigation against the Biden administration’s revival of 2016 protections for transgender people.
The Department of Health and Human Services has proposed adding gender identity to the class of protected categories in Obamacare’s anti-discrimination statute known as Section 1557. The Biden administration is seeking to reverse an effort in 2020 by the Trump administration to exclude anti-discrimination protections for people based on their gender identity, defining discrimination on the basis of sex to mean only biological sex.
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