HHS on Friday released a rule that allows LGBT people to be discriminated against in health care. On Monday, the Supreme Court issued a ruling that will likely kill that rule in court. #LGBTQRights #SCOTUS #PrideMonth #Health #healthcare news.bloomberglaw.com/health-law-and…
Monday's ruling focused on Title VII of the Civil Rights Act, which bans discrimination in the workplace. HHS's rule Friday focused on the definition of sex in Section 1557 of the Affordable Care Act, which is based on Title IX.
Title IX prohibits sex discrimination in education and other activities that receive federal funding, but courts look at Title VII when interpreting Title IX.
HHS acknowledged the court’s decision on Title VII is likely to effect the definition of sex under Title IX, but argued "the binary biological character of sex takes on special importance in the health context." The scope of Title IX could be the next LGBT rights fight.
There's a case already pending at the Fifth Circuit that is likely to raise these questions. It was put on hold pending the Supreme Court's ruling on Title VII.
