Trump administration strips transgender people of anti-discrimination
On Friday, June 12, the administration of US President Donald Trump completed the development of a rule that removes the protection of the Obama era for transgender people from discrimination in healthcare, writes Kiro7.
The Department of Health and Human Services said it would provide protections against sex discrimination "consistent with the plain meaning of the word 'sex' as 'male or female' - and the biological definition." It rewrites Obama-era rules that sought a broader understanding shaped by a person's gut feeling about whether they are male, female or define their gender in some other way.
LGBT groups say that explicit protective measures are needed for people seeking treatment for sex change, and even for transgender people who need treatment for common diseases, such as diabetes or heart problems.
But conservatives say the Obama administration has exceeded its legal authority in a broad sense of gender.
Behind the dispute over legal rights is a medically recognized condition called "gender dysphoria" - discomfort or distress caused by a discrepancy between the gender with which a person identifies and their sex at birth. Consequences may include severe depression. Treatment can range from gender reassignment surgery and hormones to changes in appearance by choosing a different hairstyle or clothing.
Many social conservatives disagree with this concept.
“Under Obama's old rule, health care providers had to facilitate sex reassignment surgery and abortion — even if they believed it affected their conscience or thought it was harmful to the patient,” said Mary Beth Waddell of the religiously conservative Family Research Council. .
According to the rule of the Obama era, a hospital may be required to perform gender transition procedures, such as hysterectomy (removal of the uterus), if the facility provides such treatment for other diseases. The rule was intended to implement the anti-discrimination section of the Affordable Care Act, which prohibits discrimination based on sex in the healthcare sector, but does not use the term “gender identity”.
Women's public organizations say the new rules also make access to abortion, which is a legal medical procedure, problematic.
“No one should have to fear being turned away by a health care provider because of who that person is or because of the health decisions they have made,” said Fatima Goss Graves, president of the National Women's Law Center.
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The American Civil Liberties Union (ACLU) says it has already made an attempt to prevent the lifting of protection measures for transgender people.
More than 1,5 million Americans identify as transgender, according to the Williams Institute, a think tank focused on LGBT policy at the University of California School of Law. A larger number—4,5% of the population—identify as lesbian, gay, bisexual or transgender, according to Gallup.
“Changes to this rule could further harm access to health care for transgender people at a time when they face serious challenges related to COVID-19,” said Jodi Herman, a public policy expert at the Williams Institute.
But Roger Severino, head of the health and social services department that enforces civil rights laws, said transgender people are still protected by other laws that prohibit discrimination in health care based on race, color, national origin, age, disability and other factors.
“The U.S. Department of Health and Human Services respects the dignity of every person,” Severino said. “We are steadfast in our commitment to upholding civil rights in health care.”
For the Trump administration, this is the last step in the series of canceling the recently won defenses for LGBT people in various fields, from the military to housing and education.
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The administration also took measures to limit military service for transgender men and women, proposed allowing some homeless shelters to take into account gender identity when providing someone with a bed at night, and concluded in a 2017 Department of Justice memorandum that federal civil rights law does not allow protection transgender people from discrimination at work.
The new rule will also affect notifications that millions of patients receive in several languages about their rights to translation services. Such notifications often come with “benefit explanation” forms from the insurer. The Trump administration says that notifications have become an unnecessary burden for health care providers, for five years this option cost them $ 2,9 billion.
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