Court Allows Lawsuit Over Rule Undermining Discrimination Protections

A federal court permitted plaintiffs to continue pursuing claims in a lawsuit, Boston Alliance of LGBTQ+ Youth (BAGLY) et al v. HHS, challenging the Trump-Pence administration’s rule that undermined healthcare nondiscrimination protections in the Affordable Care Act. The government filed a motion to dismiss the case, though the court allowed many of the claims to carry forward and postponed consideration of other that are part of other court cases challenging the rule and dismissing some parts of the suit.

A collection of individuals and organizations* released a joint statement on the lawsuit’s continuation:

“The ongoing global pandemic underscores the importance of ensuring that everyone has access to quality, affordable healthcare free from discrimination or harassment. The Affordable Care Act clearly and deliberately outlined nondiscrimination protections for patients, including members of the LGBTQ+ community, people who are seeking or have obtained reproductive care, and people living with chronic conditions such as HIV, and we remain committed to defending those protections. The lives of our patients, members, and the people we serve depend on it.

The statement concludes, praising the Court for recognizing their claims and allow them to “continue fighting for safe, accessible, and inclusive healthcare.”

The initial lawsuit said the rule undermining healthcare nondiscrimination protections violates the Administrative Procedure Act by being “contrary to law, arbitrary, and capricious,” and violating the Equal Protection Clause of the 14th Amendment. The rule was published just days following the Supreme Court Ruling in Bostock v. Clayton County, which found it is unlawful sex discrimination to discriminate based on sexual orientation or gender identity.

The lawsuit also says the new rule would increase potential for discrimination and harm against LGBTQ patients and people trying to obtain reproductive healthcare stigmatize abortion and other pregnancy-related care, harm patients with limited English proficiency, including immigrants, and harm people with chronic illnesses, including people living with HIV. The rule would also create ambiguity surrounding the protections against discrimination under federal law.

*The joint statement was issued by BAGLY v. HHS Plaintiffs Darren Lazor, The Boston Alliance of Gay, Lesbian, Bisexual and Transgender Youth, Callen-Lorde Community Health Center, Campaign for Southern Equality, Equality California, Fenway Health, Indigenous Women Rising, CrescentCare, and Transgender Emergency Fund and their counsel at National Women’s Law Center, the Transgender Law Center, the Transgender Legal Defense & Education Fund, the Center for Health Law and Policy Innovation of Harvard Law School and Hogan Lovells.