A federal district judge blocked the HHS from allowing health-care providers and insurers to discriminate against LGBT people.
Judge Frederick Block of the U.S. District Court for the Eastern District of New York halted the Department of Health and Human Services from enforcing a rule that stripped gender identity and sex stereotyping from anti-discrimination protections under the Affordable Care Act. The order came late Monday, a day before the new rule was set to take effect.
The proposed rules are contrary to the U.S. Supreme Court’s holding in Bostock v. Clayton County, Ga. and HHS acted arbitrarily and capriciously in enacting them, Block said in his 26-page order.
Three days after the HHS filed the rule, the Supreme Court held in Bostock that discrimination on the basis of sexual orientation or transgender status counts as unlawful sex discrimination. That case, however, focused on the definition of sex under Title VII of the Civil Rights Act, which bans discrimination in the workplace. Read more via Bloomberg Law