One of the strongest legal arguments for government coverage of transgender surgery could be demolished if a White House rule changing the definition of sex discrimination goes into effect.
The Affordable Care Act explicitly states that the 1964 Civil Rights Act’s discrimination protections extend to transgender people. A pending Trump rule would roll back that interpretation, saying gender identity isn’t covered under the sex discrimination provision of the law. The administration cited a 2016 district court decision, Franciscan Alliance v. Burwell, that limited the definition of “sex” to biological and anatomical differences as determined at birth.
“If that view prevailed ...
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