The US will protect gay and transgender people against sex discrimination in health care, the Biden administration announced on Monday, reversing a Trump-era policy that sought to narrow the scope of legal rights in sensitive situations involving medical care.
The action by the Department of Health and Human Services affirms that federal laws forbidding sex discrimination in health care also protect gay and transgender people.
The Trump administration had defined “sex” to mean gender assigned at birth, thereby excluding transgender people from the law's umbrella of protection.
“Fear of discrimination can lead individuals to forgo care, which can have serious negative health consequences,” said HHS Secretary Xavier Becerra.
“Everyone — including LGBTQ people — should be able to access health care, free from discrimination or interference, period.” Becerra said in a statement the Biden administration policy will bring HHS into line with a landmark 6-3 Supreme Court decision last year in a workplace discrimination case, which established that federal laws against sex discrimination on the job also protect gay and transgender people.
