Seven states and the American College of Pediatricians have filed a lawsuit against the Department of Health and Human Services (HHS) and related officials over a rule that requires health care providers to perform gender-transition procedures, including on minors, which the plaintiffs argue is an unconstitutional attempt to override state law.
The states of Missouri, Utah, North Dakota, South Dakota, Iowa, Idaho, and Arkansas joined the suit.
The other defendants listed on the lawsuit are HHS Secretary Xavier Becerra; Melanie Fontes Rainer, director of the HHS Office for Civil Rights; and Chiquita Brooks-LaSure, administrator for the Centers for Medicare and Medicaid Services.
The new rule modifies nondiscrimination protections in the Affordable Care Act in a way that expands the definition of sex discrimination to include discrimination based on “gender identity.”
“Doctors should not be compelled to harm children,” the complaint states, adding that the new rule “forces doctors to perform, refer for, or affirm harmful gender-transition procedures and forces States to pay for these dangerous procedures in state health plans. This radical mandate will hurt children.”
The rule, which applies to health programs and activities that receive federal funding, explicitly provides nondiscrimination protections based on “gender identity” and sexual orientation, and categorically prohibits the denial of “gender-affirming” care. It also requires states to pay for gender-transition procedures through their Medicaid programs and forces health care providers who receive federal funding to perform such procedures, even in violation of state law.
The plaintiffs argue that the rule violates the Affordable Care Act and the Administrative Procedure Act, runs counter to the principles of federalism, and amounts to a freedom of speech violation.
HHS: Rule Change Accords With Supreme Court
The rule was supposed to go into effect on July 5 but was temporarily blocked by a Mississippi court in response to a lawsuit filed by 15 Republican states and led by Tennessee Attorney General Jonathan Skrmetti. The current Missouri-led lawsuit is another attempt to block the rule.In Bostock v. Clayton County, Georgia, a 6–3 decision by the high court held that firing individuals because of their sexual orientation or transgender status violates Title VII’s prohibition on discrimination in hiring.
When HHS announced the new final rule on April 26, the agency said in a statement that it amounted to “bold action” to bolster protections against discrimination.
“Today’s rule is a giant step forward for this country toward a more equitable and inclusive health care system, and means that Americans across the country now have a clear way to act on their rights against discrimination when they go to the doctor, talk with their health plan, or engage with health programs run by HHS,” Mr. Becerra said in a statement.
HHS also stated that the new final rule adds protections against discrimination by codifying Section 1557’s prohibition against discrimination based on sex that includes LGBT patients.
HHS didn’t respond to a request for comment on the latest effort.
