Bloomberg Law
Aug. 19, 2021, 3:18 PM

Equal Protection Fight Against LGBTQ ‘Rollback Rule’ Proceeds

Mary Anne Pazanowski
Mary Anne Pazanowski
Legal Reporter

An equal protection challenge to a Trump administration rule that rolled back protections for LGBTQ people set out in Obamacare’s antidiscrimination section may move forward, as the plaintiffs plausibly alleged the government was motivated by discriminatory intent, a federal trial court said.

The U.S. Health and Human Service Department’s motion to dismiss the claim failed, as the complaint plausibly alleges the 2020 rule will injure LGBTQ people by leading some insurance plans to deny coverage for medically necessary transgender health-care services when they would cover the same services for non-LGBTQ people, the U.S. District Court for the District of Massachusetts ...

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