WASHINGTON — The Trump administration proposed Friday to roll back Obama-era discrimination protections for transgender people in health care, a move LGBT groups warn will unleash a wave of discrimination.
The Health and Human Services Department released a proposed regulation that in effect says “gender identity” is not protected under federal laws that prohibit discrimination in health care. It is part of a backdrop of administration actions to limit or move back some of the new recognition for LGBT people, in areas ranging from military service to housing.
The proposed rule from HHS reverses the Obama administration, which found that the Affordable Care Act’s anti-discrimination section protects transgender people seeking health care services.
Friday’s action had been long expected by activists on both sides of the nation’s social issues divide. Trump’s religious conservative base has argued that the Obama administration stretched the meaning of “sex discrimination” when it included gender identity as a protected class. Civil rights and LGBT groups say that view is logically and legally flawed.
The rule is unlikely to have immediate consequences beyond the realm of political debate. It faces a 60-day-comment period and another layer of review before it can be finalized. Court challenges are expected.
“Despite the goals of this White House ... courts have been clear for decades that prohibitions on sex discrimination encompass discrimination against transgender individuals,” said Louise Melling, deputy legal director with the American Civil Liberties Union. Her organization, she added, plans to challenge the proposed rule.
Melling said the impact of the rule goes beyond transgender people and could also subject women to discrimination for seeking an abortion. The proposal would remove...
