Congressional Digest

Congressional Digest October 2020 No. 8 Vol. 99
Pros & Cons of Rolling Back LGBTQ Rights Under ACA

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Pros & Cons of Rolling Back LGBTQ Rights Under ACA

Reverting to the ‘plain meaning’ of ‘sex’ versus civil rights

In June, the Trump administration issued regulation reversing an Obama-era rule that established nondiscrimination protections for LGBTQ patients under Section 1557 of the Affordable Care Act (ACA). Under the new rule, the government interprets sex discrimination based on the plain meaning of “sex” as male or female and as determined by biology, according to the U.S. Department of Health and Human Services (HHS). The agency argued that the new rule restores the civil rights provision in the ACA to not go beyond the “plain meaning of the law.” …

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