Twenty-four Democratic attorneys general are suing the Trump administration on behalf of those who identify as gay, lesbian, or transgender regarding a new rule that defines “sex” in the Affordable Care Act (ACA) in terms of biology.

The new rule, set to take effect in mid-August, rolls back a 2016 rule that expanded the definition of “sex” to include gender identity which is beyond the scope of clear language found in the ACA.
 
In a statement justifying the new rule the U.S. Department of Health and Human Services wrote, “Under the final rule, HHS eliminates certain provisions of the 2016 Rule that exceeded the scope of the authority delegated by Congress in Section 1557. HHS will enforce Section 1557 by returning to the government’s interpretation of sex discrimination according to the plain meaning of the word ‘sex’ as male or female and as determined by biology. The 2016 Rule declined to recognize sexual orientation as a protected category under the ACA, and HHS will leave that judgment undisturbed.”

The rule also protects doctors’ rights to object to abortion and gender reassignment operations, clarifying that bans on sex-based discrimination do not include gender identity or abortion, however, the coalition of attorneys general argue the new rule emboldens providers and insurers to discriminate against members of the LGBTQ community.

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