News
127 House Dems urge White House to keep rule for trans health care
Reports indicate Trump administration poised to reverse Obama-era change


Rep. Julia Brownley (D-Calif.) is urging the White House to preserve a proposed rule in favor of trans health care. (Photo public domain)
A group of 127 House Democrats led by Reps. Julia Brownley (D-Calif.) is calling on the White House to keep intact an Obama-era rule barring medical providers from denying health care to transgender patients, including gender reassignment surgery.
The letter, dated May 23 and sent to Office of Management & Budget Director Mick Mulvaney, points to reports a rule change is pending before the White House and calls on Mulvaney “to reject a proposed rule that undermines these important protections.”
“We urge you to abandon any proposal that would erode the Health Care Rights Law’s important protection, undermine Congress’ sole lawmaking authority and allow health care providers to discriminate against their patients,” the letter says.
Other lawmakers who spearheaded the letter are Rep. Jerrold Nadler (D-N.Y.), Diana DeGette (D-Colo.) and Barbara Lee (D-Calif.).
The Obama-era rule is based on Section 1557 of the Affordable Care Act, which prohibits discrimination on the basis of sex in health care. The Obama administration interpreted that language to apply to transgender people seeking health care, including transition-related care such as gender reassignment surgery.
Although the Trump administration hasn’t explicitly stated it plans to repeal the rule, that seems to be the intent based on media reports and filings by the Justice Department in litigation against the rule. Another possibility is the Trump administration would seek to impose a religious exemption.
The letter to the White House warns Mulvaney that even a religious exemption would have deleterious consequences.
“Adding any type of religious exemption, or enforcing the Health Care Rights Law in a way that allows for a religious exemption, is antithetical to the purpose and language of the Health Care Rights Law and would undermine Congress’ lawmaking authority,” the letter says.
Earlier this month, Secretary of Health & Human Services Alex Azar told the Blade during an appearance at the White House press briefing he had no knowledge of potential repeal of this rule. An HHS spokesperson said later the secretary was briefed on the matter.
The Obama-era rule is currently moot in any event. Last year, U.S. District Judge Reed O’Connor issued an injunction barring the U.S. government from enforcing the rule as a result of litigation filed by Texas Attorney General Ken Paxton.
Despite this court order — and even if the Trump administration were to reverse the underlying rule — transgender people could still sue medical providers in court based on the underlying law in the Affordable Care Act that prohibits discrimination in health care on the basis of sex. A growing number of courts are interpreting laws against sex discrimination to apply to LGBT people regardless of the views of the Trump administration.
The White House Office of Management & Budget didn’t respond to the Blade’s request to comment Wednesday on the letter.
U.S. Supreme Court
Supreme Court upholds ACA rule that makes PrEP, other preventative care free
Liberal justices joined three conservatives in majority opinion

The U.S. Supreme Court on Friday upheld a portion of the Affordable Care Act requiring private health insurers to cover the cost of preventative care including PrEP, which significantly reduces the risk of transmitting HIV.
Conservative Justice Brett Kavanaugh authored the majority opinion in the case, Kennedy v. Braidwood Management. He was joined by two conservatives, Chief Justice John Roberts and Justice Amy Coney Barrett, along with the three liberal justices, Sonia Sotomayor, Elena Kagan, and Ketanji Brown-Jackson.
The court’s decision rejected the plaintiffs’ challenge to the Affordable Care Act’s reliance on the U.S. Preventative Services Task Force to “unilaterally” determine which types of care and services must be covered by payors without cost-sharing.
An independent all-volunteer panel of nationally recognized experts in prevention and primary care, the 16 task force members are selected by the secretary of the U.S. Department of Health and Human Services to serve four-year terms.
They are responsible for evaluating the efficacy of counseling, screenings for diseases like cancer and diabetes, and preventative medicines — like Truvada for PrEP, drugs to reduce heart disease and strokes, and eye ointment for newborns to prevent infections.
Parties bringing the challenge objected especially to the mandatory coverage of PrEP, with some arguing the drugs would “encourage and facilitate homosexual behavior” against their religious beliefs.
U.S. Supreme Court
Supreme Court rules parents must have option to opt children out of LGBTQ-specific lessons
Mahmoud v. Taylor case comes from Montgomery County, Md.

The U.S. Supreme Court on Friday ruled that public schools must give advance notice to parents and allow them the opportunity to opt their children out of lessons or classroom instruction on matters of gender and sexuality that conflict with their religious beliefs.
Mahmoud v. Taylor was decided 6-3 along party lines, with conservative Justice Samuel Alito authoring the majority opinion and liberal Justices Sonia Sotomayor, Elena Kagan, and Ketanji Brown-Jackson in dissent.
Parents from diverse religious backgrounds sued to challenge the policy in Maryland’s Montgomery County Public Schools when storybooks featuring LGBTQ characters were added to the elementary school English curriculum in 2022.
The school board argued in the brief submitted to the Supreme Court that “the storybooks themselves do not instruct about gender or sexuality. They are not textbooks. They merely introduce students to characters who are LGBTQ or have LGBTQfamily members, and those characters’ experiences and points of view.”
Advocacy groups dedicated to advancing free speech and expression filed amicus briefs in support of the district.
PEN America argued the case should be viewed in the context of broader efforts to censor and restrict what is available and allowable in public schools, for instance by passing book bans and “Don’t Say Gay” laws.
The ACLU said the policy of not allowing opt-outs is religion-neutral, writing that the Supreme Court should apply rational basis review, which requires only that the school district show that its conduct was “rationally related” to a “legitimate” government interest.
LGBTQ groups also objected to the challenge against the district’s policy, with many submitting amici briefs including: the National Center for Lesbian Rights, GLAD Law, Family Equality, COLAGE, Lambda Legal, the Leadership Conference on Civil and Human Rights, PFLAG., and the National Women’s Law Center.
The Human Rights Campaign did not submit a brief but did issue a statement by the group’s President Kelley Robinson: “LGBTQ+ stories matter. They matter so students can see themselves and their families in the books they read–so they can know they’re not alone.”
“And they matter for all students who need to learn about the world around them and understand that while we may all be different, we all deserve to be valued and loved,” she said. “All students lose when we limit what they can learn, what they can read, and what their teachers can say. The Supreme Court should reject this attempt to silence our educators and ban our stories.”
Maryland
Wes Moore hosts annual Pride reception
‘Nobody should have to justify their own humanity in Maryland’

Maryland Gov. Wes Moore on Wednesday hosted his annual Pride month reception at Government House in Annapolis.
“One of the things that makes me so proud to be the governor of the great state of Maryland is that we are a safe haven for the LGBTQIA+ community,” Moore. “And I want to be clear that is a reputation we intend to keep.”
Organizations like FreeState Justice and the New Wave Singers of Baltimore gathered in attendance as speakers, including Moore, Maryland first lady Dawn Moore and FreeState Justice Executive Director Philip Westry spoke to the crowd of around 175 people.
In his speech, Moore acknowledged the accomplishments made with organizations and individuals within the audience, including passing the Trans Health Equity Act within his first 100 days in office.
A month after his first 100 days in office, Moore emphasized how an executive order protecting gender-affirming care in Maryland was signed, as well as more recent initiatives to decriminalize HIV and promote best practices in HIV prevention and care.
“But I want to be clear: we cannot — and will not — stop fighting. We must stand up and protect all of our fellow Americans — lesbian, gay, bisexual, transgender, queer, intersex, asexual … all identities,” Moore said. “Because what we are seeing out of this new White House is the latest chapter in a long playbook of demonizing specific groups for political gain. It isn’t just cruel and immoral — it also masks the humanity of our fellow Marylanders. Nobody should have to justify their own humanity in Maryland. So we are going to fight.”
-
U.S. Supreme Court3 hours ago
Supreme Court upholds ACA rule that makes PrEP, other preventative care free
-
U.S. Supreme Court4 hours ago
Supreme Court rules parents must have option to opt children out of LGBTQ-specific lessons
-
District of Columbia2 days ago
Activists fight to protect LGBTQ services in D.C. budget
-
National1 day ago
Evan Wolfson on the 10-year legacy of marriage equality