In its latest move targeting civil rights of LGBT people the Trump administration is moving to roll back an Obama-era rule that banned discrimination against transgender people in health care.
The 2016 rule, embedded in the Affordable Care Act, prohibited anti-transgender incrimination by doctors, hospitals and health insurance companies, The New York Times reports.
The Trump administration jumped to reverse the rule after one federal judge in Texas declared it unlawful. The administration could have fought the judge’s ruling, or worked to modify the Obama rule to bring it into compliance with federal law. Instead, it has opted to reverse it.
The agency leaping to reverse the Obama-era rule protecting transgender people is the Dept. of Health and Human Services. Under Secretary Alex Azar, HHS on Friday moved to reallocate $61 million into abstinence-only programs, after the Obama administration brought teen pregnancy to the lowest levels in history.
The Times notes the judge’s ruling came after “eight states, a network of Roman Catholic hospitals and the Christian Medical and Dental Associations, representing 19,000 doctors, challenged the Obama-era rule.” That judge “temporarily stopped enforcement of the protections for transgender patients, saying that Congress had outlawed discrimination based on sex — ‘the biological differences between males and females’ — but not transgender status.”
Federal appeals courts and federal agencies have ruled that sex discrimination includes discrimination against transgender people.
Almost immediately upon taking office President Trump and his top-level officials have worked to destroy federal protections for members of the LGBT community, especially transgender people. In February of 2017 Education Secretary Betsy DeVos and Attorney General Jeff Sessions rescinded Obama-era guidance that helped schools protect the civil rights of transgender students.
President Trump himself unilaterally declared a total ban on all transgender service members in the U.S. Armed Forces in July of 2017, a policy he created without input from the Pentagon or medical professionals. The Dept. of Justice is still fighting in the courts to enact Trump’s plan.
And Secretary DeVos has rescinded a wide variety of protections for minority students. In addition to targeting transgender students, racial minority students have repeatedly suffered under DeVos’ leadership, as have the disabled.
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Trump Administration to Allow Taxpayer-Funded Shelter Providers to Ban Homeless Transgender People, Because Jesus
The Trump Dept. of Housing and Urban Development late on Wednesday moved to roll back an Obama-era regulation that bans discrimination by taxpayer-funded shelter providers against transgender people. HUD Secretary Ben Carson wants to allow anti-transgender discrimination under the guise of religious freedom.
A statement on the HUD website filled with coded language says the proposed new rule “Returns Decision Making to Local Shelter Providers,” to allow them to “establish an admissions policy that best serves their unique communities,” and “better accommodate [the] religious beliefs of shelter providers.”
In reality, the new rule would allow taxpayers to fund anti-transgender discrimination fueled by religious-based bigotry, with the federal government’s stamp of approval.
The move comes during an out of control pandemic, amid an unstable economy, and worse-than Great Depression-era unemployment.
“This important update will empower shelter providers to set policies that align with their missions, like safeguarding victims of domestic violence or human trafficking,” Secretary Carson said in the statement.
In reality, the new rule would remove protections for one of the most vulnerable populations in America, the transgender community. At some point in their lives one in five transgender people experience homelessness.
“Transgender and gender non-binary adults are more likely than cisgender adults to experience unsheltered homelessness,” CBS News notes, adding that “according to the National Alliance to End Homelessness, and transgender youth ‘make up a significant portion’ of homeless youth in the U.S.”
The move is yet another example of the Trump administration’s never-ending attacks on transgender Americans.
This month marks the third anniversary of President Trump’s infamous decision to ban transgender service members from the U.S. Military, which he did without consultation with the heads of the military services, and via tweet.
Last month Trump’s Dept. of Health and Human Services rolled back Obama-era protections for transgender patients, calling them “unnecessary.”
Last year Trump’s Dept. of Justice asked the Supreme Court to rule it is legal to fire transgender workers just because they are transgender. The Court last month decided it is illegal to do so.
A Defeated Donald Trump Declares ‘We Live’ After Historic SCOTUS Ruling on LGBTQ Workplace Discrimination (Video)
President Donald Trump, whose administration lobbied the Supreme Court to deny LGBTQ people civil rights, on Monday lamented the high court’s landmark ruling that finds workplace discrimination against gay and transgender Americans is illegal.
“They’ve ruled and we live with the decision,” Trump said, defeated and somewhat sad. “We live with the decision of the Supreme Court.”
This is the first time Trump has weighed in on the historic ruling. It took him more than six hours to say anything, and he only did after being asked about it by a reporter.
The President also claimed he had read the 170+ pages decision handed down just after 10 AM Monday.
“Very powerful decision, actually,” he added. “They have so ruled.”
In 2017 Trump’s DOJ told a federal appeals court the Civil Rights Act of 1964 does not protect “homosexuals” from discrimination.
Last year Trump Solicitor General Noel Francisco told the Supreme Court it is the opinion of the administration’s Dept. of Justice that a “plain text” reading of the Civil Rights Act of 1964 does not protect gay people in the workplace from discrimination, including firing for being gay or transgender.
The Supreme Court on Monday ruled it does.
Trump, who is the most anti-LGBTQ president in American history – at least modern American history, has repeatedly refused to sign the Equality Act, which the House has already passed.
Trump, who considers himself a hero to the LGBTQ+ community, is visibly upset when asked about the landmark SCOTUS decision barring employers from discriminating on the basis of sex:
"We live with their decision."pic.twitter.com/TpktjrTvDH
— Brian Tyler Cohen (@briantylercohen) June 15, 2020
Missouri Lawmaker Wants to Make It Easy for Parents to Sue Their Local School if Kids Are ‘Subjected To’ Anything LGBTQ
A Missouri state lawmaker is pushing a bill that would make it easy for parents to sue schools if their children are “subjected to” anything LGBTQ.
Rep. Chuck Basye wants parents to have total control over what their children see in school, even if it’s not part of the curriculum. The bill is in response to a poster a GSA – gay-straight alliance club – put up without getting approval from all the students’ parents.
Basye says the purpose of his legislation “is to give this a little bit of teeth so parents can take action if they feel that they’re not being listened to or their child is subjected to something they don’t agree with,” MissouriNet reports.
“I think the parents have a right to know what is in front of their children in public schools,” Basye told MissouriNet.. “That’s the intent of the bill, nothing more, nothing less.”
The ACLU has weighed in, and says Basye’s bill, HB 1565, goes too far.
“This is not only way too far reaching, but absolutely censorship of essentially livelihoods and existence at all,” Jay-Marie Hill, with the American Civil Liberties Union of Missouri, told MissouriNet. Hill says if the bill becomes law teachers could be responsible, and even fired, if they have a guest speaker who says something parents might disagree with.
The bill is clearly framed to focus on “instruction on human sexuality and sexually transmitted diseases.”
And while it says information presented to students must be “medically and factually accurate,” it also mandates that “abstinence from sexual activity as the preferred choice of behavior in relation to all sexual activity for unmarried pupils.”
Abstinence only education has been proven to not work.
Some responses to Rep. Basye’s bill from social media:
— PROMO Missouri (@PROMOMissouri) February 25, 2020
I also take so much issue with this idea that people would be denied opportunities to learn… I was a part of two bible studies that met at my public hs, it didn’t stop me from becoming gay. And I turned around represented the Bisexual Gay and Lesbian Alliance… #HB1565 #moleg
— Stephen Eisele (@stepheneisele) February 25, 2020
I am a cisgender, heterosexual woman and the mom of a (likely) cisgender, heterosexual 5th grader. I want him to have access to inclusive and comprehensive sex education. HB1565 is bad for Missouri students. #moleg
— JennyB (@JenKBernstein) February 25, 2020
Rep Baker says it’s the parents right to opt out of anything regarding the LGBT community if they disagree with it. Ok but whether you “agree with it” or not QUEER PEOPLE EXIST. We are part of history too; you can’t erase an entire community. Call him at 573-751-9781 #hb1565
— Hannah Brashers (@hannahbrashers) February 25, 2020
UPDATE: 4:56 PM –
Rep. Basye’s Democratic challenger, Adrian Plank, calls Basye’s bill “one of the most obviously discriminatory pieces of legislation that I’ve ever seen in Missouri.”
What I find inappropriate is a legislator that spends his time trying to pass bills that uses the power of the government to treat those most vulnerable like they are lesser human beings, or even worse, that they don’t exist. That they shouldn’t be considered worthy of attention. People have real problems that need solved, and this is how he chooses to spend his time.
Image via Facebook
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