A federal judge in Texas ruled that the Biden administration wrongly interpreted a provision of the Affordable Care Act as barring discrimination against gay and transgender people.
v. Clayton County — that prohibits workplace discrimination against LGBTQ people, including on the basis of sexual orientation and gender identity — does not apply to the landmark 2010 health care law.
The judge said Section 1557 of the law prohibits discrimination on the “basis of sex” by incorporating Title IX of the Education Amendments Act of 1972, but neither specifically address LGBTQ people.”Congress limited Section 1557’s protections to those afforded by other federal statutes – including Title IX. Because Title IX does not protect ‘sexual orientation’ or ‘gender identity’ status, neither does Section 1557,” he wrote.
The Department of Health and Human Services cited its interpretation of the Bostock ruling when it moved in May 2021 to alter “on the basis of sex” to include “sexual orientation” or “gender identity,” Kacsmaryk said. Two Texas-based doctors, represented by former Trump White House adviser Stephen Miller’s America First Legal Foundation, filed a class action suit, alleging HHS misinterpreted Bostock.
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