Today, the Department of Health and Human Services proposed a change to the Health Care Rights Law, Section 1557 of the Affordable Care Act, which would roll back non-discrimination protections for transgender and nonbinary people.  This proposed rule would also eliminate antidiscrimination protections for people who have had an abortion, as well as increase barriers to healthcare for non-native English speakers. 

The proposed regulation is one of several attempts by this administration to redefine sex discrimination across federal law -- a mission made plain by a leaked memo that described an attempt to excise transgender people broadly from federal legal protections.  Earlier this week, the Department of Housing and Urban Development announced a rollback of nondiscrimination protections at federally funded shelters for transgender people experiencing homelessness. 

The following statement can be attributed to Carolyn Wald, Staff Attorney, LGBTQ & HIV Project, ACLU of Illinois:

“Transgender and non-binary people experience overwhelming rates of discrimination in our country, including denial of service and negligent care related to gender transition from health care institutions and providers. This cruel proposal by the Trump Administration will lead to devastating health consequences and is nothing more than a bald-faced attempt to strip away other peoples’ rights.

This proposed change comes on the heels of the devastating news that three Black trans women were murdered this month, further underscoring the Trump administration’s utter disregard for the these communities. 

Despite the goals of the White House, the courts have been clear for decades that prohibitions on sex discrimination include transgender people.  We are taking this fight to the U.S. Supreme Court, where we will defend LGBTQ people’s right to live as their authentic selves without fear of being fired for who they are. We refuse to allow the Trump Administration to drag us backwards and roll back these essential, life-saving protections. The ACLU will continue to fight to make sure that who you are is never a barrier to getting the care you need.”