Biden HHS Redefines Sex as Non-Biological in New ‘Anti-Discrimination’ Rule Change
District of Columbia | May 10, 2021
The Biden administration is reversing a rule initiated by former President Donald Trump that defined “sex” as biological, in an effort to prevent “discrimination” against transgender people in health care practices, the Department of Health and Human Services announced on Monday.
The notice of enforcement, while not a binding federal rule, signals that the federal government will begin interpreting Section 1557 — the non-discrimination provision of the Patient Protection and Affordable Care Act — to include a ban on discrimination based on sexual identity, rather than simply banning discrimination based on biological sex, as the Trump administration had. The change will likely require that states, which set their own Medicaid eligibility requirements, provide gender-reassignment surgery and hormone therapy to Medicaid recipients.
“The Supreme Court has made clear that people have a right not to be discriminated against on the basis of sex and receive equal treatment under the law, no matter their gender identity or sexual orientation (SOGI). That’s why today HHS announced it will act on related reports of discrimination,” HHS Secretary Xavier Becerra said in a statement announcing the change…
(Excerpt from National Review)