Biden’s LGBT Health Shield Plan Muddled by Trump-Appointed Judge

December 12, 2022, 10:30 AM UTC

The future of the Biden administration’s efforts to prohibit LGBTQ discrimination in health care is at stake after a Trump-appointed judge ruled that the Affordable Care Act defines sex narrowly.

The decision weakens protections for LGBTQ people who believe they were discriminated against because of gender identity or sexual orientation, while the Biden administration still works on a final rule that would guarantee those protections remain.

The issue has been debated since the Obama administration and the ruling adds to the uncertainty.

“There’s no question that this has created a mess for the agency,” Karen Loewy, senior counsel and director ...

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