A US federal court has allowed the Boston Alliance of LGBTQ+ Youth (BAGLY) to continue their case challenging a rule by the previous (Trump/Pence) Administration aimed at undermining health care nondiscrimination protections in the Affordable Health Care Act.
The rule would permit denial of access on the basis of sexual orientation, gender identity, HIV status, reproductive health needs and limited proficiency in English, according to a recent news posting from Fenway Health
“We are gratified that the court is allowing this lawsuit to proceed. Everyone deserves and is entitled to high quality health care that is delivered with compassion,” said Fenway Health CEO Ellen LaPointe. “This lawsuit seeks to ensure that everyone—including the most underserved and at-risk people in our communities—is afforded access to quality health care.”
Explains Fenway:
The lawsuit [Boston Alliance of LGBTQ+ Youth (BAGLY) et al v. HHS] asserts that the new rule violates the Administrative Procedure Act by being contrary to law, arbitrary and capricious and a violation of the Equal Protection Clause of the 14th Amendment.
Notably, the discriminatory rule was published on June 19, 2020 just days after the June 15, 2020 U.S. Supreme Court ruling in Bostock v. Clayton County, which found that it is unlawful sex discrimination to discriminate based on sexual orientation or gender identity.
The lawsuit also asserts that the new rule will embolden discrimination and harm LGBTQ+ patients and people who are seeking or who have obtained reproductive health care, further stigmatize abortion and other pregnancy-related care, harm patients with limited-English proficiency, including immigrants, and harm people with chronic illnesses, including those living with HIV.
The rule will also create confusion about the scope of protections against discrimination under federal law.
Read Fenway’s complete posting here.
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