A previous healthcare, non-discrimination regulation, which defined “sex” to mean gender orientation or gender, is being sought after for reinstatement, the Biden government said on Monday.
Section 1557 of the Affordable Healthcare Act, which “banned discrimination of race, ethnicity, nationality, sex, age, and disabilities in specific health activities and programs,” would be implemented by the planned U.S. Department of Health and Human Services (HHS) regulation.
The Obama government’s vague description of sex as “one’s inner feeling of gender, that may be masculine, female, both, or a mix of male and female” is being reinstated by the Biden government.
The LGBT community and those who support it saw the decision as a victory for this cause.
In October 2019, during the Trump administration, this was earlier overturned. A federal court determined the decision was likely in violation of relevant human rights legislation, the Religious Freedom Preservation Act, and the Administrative Procedure Act.
— Daily Wire (@realDailyWire) July 19, 2022
The action comes as several jurisdictions try to outlaw or restrict transgender-related operations for kids.
It is part of Biden’s aim to “promote transgender health equality and civil rights” while supporting LGBT concerns.
The proposed regulation will “confirm protection from discrimination on the grounds of sex, particularly gender identity and sexual orientation,” according to a news release from HHS.
According to HHS representatives, the proposed regulation aims to be “free from discrimination” and provide access to health services, particularly abortion.
HHS Secretary Xavier Becerra stated that “healthcare is a right not depending on looks, geography, love, languages, or the type of treatment an individual needs.”
According to HHS, the proposed amendments to ACA Section 1557 will “correct regulatory loopholes.” In its proposal for new rules, it refers to the Supreme Court’s ruling in Bostock v. Clayton County.
Why didn't Biden take his Assistant Health Secretary Rachel Levine and Non-Binary Dept. of Energy Sam Brinton over to Saudi Arabia? If Biden is all for these Trans/Gender neutral Non-Binary, why isn't he standing up for them contesting their Shira Law?
— Sheena0620 (@sheena0620) July 17, 2022
The new regulations will, among other measures, make it clear to health insurance providers who receive federal assistance that discriminating based on pregnancy, particularly abortion, is forbidden.
According to one LGBT group, under the proposed regulation, a patient who identifies as LGBT would be “covered” if a doctor declines to treat them because they are uncomfortable with, say, the characteristics of an intersex person.
Additionally, the proposed rule “improves and enhances the procedure for raising objections on grounds of morality and religious freedom.”
While the HHS is engaged in rule-making, the government claims the statute and existing regulations are still in force.
Sex Versus Gender
Republicans have worked to draw clearer lines around the biologically based notions of sex.
Meanwhile, the terms of physical gender and sex have become muddled by liberal lefties, left-wing activists, and Democrats using them indiscriminately.
When collecting personal information, particularly on fillable papers and papers, many organizations and individuals use the phrase “gender,” rather than “sex.”