Joe Biden overturned the Donald Trump administration rule and returned key protection for gays and transgenders in health.
The Republican administration had defined "sex" as the gender assigned at birth, thus excluding transgender people from the protective umbrella of the law. The current administration reversed that definition.
The United States annulled a rule imposed during the Republican government of Donald Trump and will prohibit discrimination against gays and transgenders in the area of health. This will protect them against sex discrimination in health care, the Joe Biden administration announced Monday, reversing a Donald Trump-era policy that sought to reduce the scope of legal rights in sensitive situations involving health care.
The action by the Department of Health and Human Services states that federal laws prohibiting sex discrimination in health care also protect gay and transgender people. Under Trump's administration, "sex" had been defined as the gender assigned at birth, thus excluding transgender people from the protective umbrella of the law.
Fear of discrimination can cause people to lose focus, which can have serious health consequences. , in a statement, Secretary Xavier Becerra said. Everyone, including LGBTQ people, should be able to access healthcare through a period of discrimination or intervention.
Becerra said Biden's policy would align with the HHS last year with a landmark Supreme Court ruling on workplace discrimination, which has proven that federal laws against sex discrimination at work also apply. Protect individuals. Homosexual and transgender
Despite the ruling, the Trump administration sought to reduce legal protections against discrimination in healthcare, passing laws that strictly defined "sex" as biological gender. A federal judge rejected the law from being implemented. However, officials argued that, as a legal matter, discrimination in healthcare was a separate issue from the employment issue decided by the Supreme Court.
Monday's action means the HHS Office for Civil Rights will once again investigate complaints of sexual discrimination based on sexual orientation and gender identity. Hospitals, clinics, and other medical providers may face government penalties for violating the law.
Biden's action inevitably restores Obama's years-old policy. The Affordable Care Act included a ban on sex discrimination in health care, and the Obama administration interpreted it to apply to gay and transgender people. It was based on a broader understanding of sex, which is formed by the inner feeling of a man, a woman, no one, or a mixture.
Behind the controversy over the rights of transgender people, in particular, is a medically recognized condition called "gender dysphoria": pain or discomfort caused by a conflict between the sexes that a person identifies. And gender assigned at birth. The consequences can include severe depression. Treatment can range from gender and hormone confirmation surgery to people who change their appearance by adopting different hair or clothing.
Medical groups and civil rights organizations usually help broader legal protections for homosexuals and transgender people. At the same time, social and religious conservatives sought to narrow their circle.