Transgender The new rule—set togo into effect in mid-August—alters the definition of sexdiscrimination laid out in the Affordable Care Act to excludetransgender people, among other changes. (Photo:Shutterstock)

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A coalition of LGBTQ groups andhealth care providers are suing the Trump administration over itsrollback of health care protections for LGBTQpeople, alleging the move conflicts with the U.S. Supreme Court'srecent ruling blocking discrimination on the basis of sexualorientation in the workplace.

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The complaintwas filed Monday in the U.S.District Court for the District of Columbia by attorneys withSteptoe & Johnson and the Lambda Legal Defense and EducationFund and appears to be the first lawsuit lodged over the rulechange after it was announcedearlier this month.

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The new rule—set to go intoeffect in mid-August—alters the definition of sex discriminationlaid out in the Affordable Care Act to exclude transgender people,among other changes. Advocacy groups decried the move, highlightingits announcement during the COVID-19 pandemic and PrideMonth.

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"The elimination of thisdefinition not only invites health care insurers and providers todiscriminate against LGBTQ people seeking health care, but it alsointroduces substantial confusion among health care providers andinsurers regarding their legal obligations and the right of thepopulations they serve to be free from sex discrimination,particularly in light of the Supreme Court's decision inBostock v. ClaytonCounty,Georgia, which held that discrimination based ontransgender status or sexual orientation 'necessarily entailsdiscrimination based on sex,'" the lawsuit reads.

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The Supreme Court ruled6-3 last week that workplaceprotections against discrimination on the basis of sex also applyto sexual orientation. The complaint states the new rule, releasedahead of the justices's ruling, noted that "a holding by the U.S.Supreme Court on the meaning of 'on the basis of sex' under TitleVII will likely have ramifications for the definition of 'on thebasis of sex' under Title IX.'"  

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"However, undeterred from theirgoal to foster discrimination against LGBTQ people, HHS publishedthe Revised Rule, without any changes, four days after the SupremeCourt's decision in Bostock," the court filing reads.

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The lawsuit alleges the rulechange violates the Administrative Procedure Act, as well as dueprocess and equal protections under the Fifth Amendment and theFirst Amendment's Establishment clause and free speechprotections.

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"The Revised Rule, if allowed togo into effect, will undermine the progress achieved so far ineradicating health care discrimination against LGBTQ people in abroad array of health care programs and entities by inviting healthcare insurers and providers once again to discriminate againstthem, while also discouraging LGBTQ people from seeking health carein the first instance," the complaint reads.

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Other lawsuits over the rulechange are expected to land in federal court. The ACLU said it willgo to court over the move, and the Human Rights Campaignalso saidit would team up with firm BakerHostetler to make a similar challenge.

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