Attorney General Raoul files brief in support of increased health care protections for transgender individuals
Chicago – Attorney General Kwame Raoul, as part of a coalition of 20 attorneys general, filed an amicus brief opposing efforts to reduce protections against discrimination in health care for transgender individuals and other vulnerable communities.
In the amicus brief filed in Texas and Montana v. Becerra, Raoul and the coalition opposed a motion for a temporary restraining order, preliminary injunction, and stay of agency action against a final rule implementing section 1557 of the Patient Protection and Affordable Care Act (ACA). The coalition supports the final rule’s inclusion of sexual orientation and gender identity as forms of sex discrimination and emphasizes the importance of upholding these nondiscrimination protections to ensure equitable access to health care for all individuals.
“Across the country, we continue to see efforts to eliminate protections against discrimination that – if successful – will negatively impact already vulnerable communities,” Raoul said. “No individual should face discrimination when accessing the health care they need, and I will continue to support commonsense rules that protect all Americans.”
Section 1557 of the ACA prohibits all health programs and activities receiving federal financial assistance from discriminating against individuals based on race, color, national origin, sex, age or disability. On June 19, 2020, the previous federal administration issued a rule implementing section 1557 that severely narrowed the scope of a 2016 rule by eliminating prohibitions preventing health insurers from discriminating against vulnerable populations. This included LGBTQ+ individuals, those with limited English proficiency, women, as well as other protected classes. In response, the current administration issued the final rule in April 2024 restoring weakened protections while reducing language access barriers and expanding accessibility.
In today’s amicus brief, Raoul and the coalition defend this final rule against challenges by arguing:
- The amici states’ experiences ensuring equitable access to health care for transgender individuals confirm important benefits.
- Serious harm would be inflicted on transgender individuals by denying them medically necessary care that protects their physical, emotional and psychological health.
- The rule’s definition of discrimination on the basis of sex including sexual orientation and gender identity is consistent with statutory text, congressional intent and Supreme Court precedent.
Joining Raoul in filing the amicus brief are attorneys general from California, Colorado, Connecticut, Delaware, District of Columbia, Hawaii, Maine, Maryland Massachusetts Michigan Minnesota Nevada New Jersey New York Oregon Pennsylvania Rhode Island Vermont Washington.