Judge Blocks Trump’s Rollback on Trans Healthcare Protections

On August 17, a federal judge froze the Trump administration’s attempt to roll back protections for transgender people with regards to healthcare. The Obama Care anti-discrimination policies are protected under a recent landmark Supreme Court ruling which barred workplace discrimination against sexual orientation and gender identity.

U.S. District Court Judge Frederic Block (an appropriate nomenclature)  halted Trump’s new policy a day before it was slated to take effect. Judge Block also admonished the Trump administration for pursuing the change after the Supreme Court ruling.

The decision was a last-minute break for LGBTQ advocacy groups as well as trans people across the country. Had the administration’s policy taken into effect, these groups warned that it would create new challenges for patients during the COVID pandemic. However, the previous protections instated under President Obama have also been stalled in court under separate litigation.

The previous Obama-era, anti-discrimination protections had been blocked by a federal judge in 2016 and never took effect. Religious groups argue that the Obama policy would force doctors to offer gender transition services or abortions, even if it conflicted with their beliefs.

Block’s 26-page order focused on the Supreme Court’s 6-3 decision from June that extended the Civil Rights Act to protect members of the LGBTQ community. He specifically questioned Trump’s decision to advance its rewrite of the Obama Care policy without considering the impact of the SCOTUS decision, which came down just three days after Trump’s health department finalized the rollback of trans health protections.

“When the Supreme Court announces a major decision, it seems a sensible thing to pause and reflect on the decision’s impact,” writes Block. “Since HHS [health and human services] has been willing to take that path voluntarily, the court now imposes it,” he adds.

There looks to be a long legal battle ahead for the fight for trans rights. A challenge over the merits of the Trump policy will continue, but Block said plaintiffs challenging the rule are likely to succeed in their lawsuit.

The legal fight over the Obama-era rules is still playing out, even as the Trump administration issues new policies. At least five lawsuits have already been lodged since the new Trump ruling in June.

Monday’s decision didn’t address other provisions of Trump’s revised healthcare policies, which erased requirements for providers and insurers to offer information in 15 languages and offer transitional services. It also left Trump’s rollback of protections for individuals seeking abortion untouched.