National
HHS affirms trans protections in health care reform
Sex discrimination prohibition said to apply to gender identity

Discrimination against transgender people in federal health programs or health programs that receive federal funds is prohibited under the health care reform law, the Department of Health & Human Services affirmed in a letter to LGBT advocates made public on Monday.
The letter, dated July 12 and signed by Leon Rodriguez, director of the Office of Civil Rights for HHS, says the Obama administration has interpreted existing non-discrimination law — including Title VII of the Civil Rights Act of 1964 and Title IX of the Education Amendments of 1972 — to mean that the sex-discrimination protections under the Affordable Care Act apply to transgender people, and, in some cases, individuals who are lesbian, gay and bisexual.
“We agree that Section 1577’s sex discrimination prohibition extends to claims of discrimination based on gender identity or failure to conform to stereotypical notions of masculinity or femininity and will accept such complaints for investigation,” Rodriguez writes. “Section 1557 also prohibits sexual harassment and discrimination regardless of actual or perceived sexual orientation or gender identity of the individuals involved.”
The letter states that the Office of Civil Rights for HHS intends to issue future guidance on this section. In the meantime, Rodriguez says HHS is “currently accepting and investigating complaints” and is making determinations on whether discrimination has happened on a case-by-case basis.
Health programs that receive federal funds include hospitals, clinics and mental health facilities that receive Medicare and Medicaid funding. According to a National Transgender Discrimination Survey published by the National Gay & Lesbian Task Force, one in five transgender people have been denied care by a medical provider.
The HHS interpretation that sex discrimination statues apply to transgender people under the health care reform law follows a recent trend of reading such laws to cover transgender people. Most notably, the U.S. Equal Employment Opportunity Commission ruled that existing employment non-discrimination law on sex discrimination extends to transgender people, as well as the U.S. Eleventh Circuit Court of Appeals in the case of Glenn v. Brumby and the Department of Housing & Urban Development in federally funded housing programs.
Mara Keisling, executive director of the National Center for Transgender Equality, said transgender people could previously file complaints if they felt they faced discrimination in health programs, but the clarification from HHS streamlines the process.
“You can always file a complaint, but now HHS is saying they interpret sex discrimination laws to cover gender identity discrimination,” Keisling said. “You don’t have to claim sex stereotyping, and then prove sex stereotyping because gender identity discrimination is sex discrimination.”
Keisling maintained that the clarification from HHS doesn’t mean that health care providers have to provide aid for gender transitioning, saying “nothing in federal law says any insurance plan — public and private — has to cover transition-related care.”
Kellan Baker, a health policy analyst for the Center for American Progress’ LGBT research and communications project, said this policy affirmed in the letter isn’t new — having already been openly discussed by Obama administration officials — and HHS’s response simply provides clarification of the issue.
“This is something that has been in the Affordable Care Act the entire time,” Baker said. “This is just a clarification that the department is aware of the fact that making sure that transgender people have access to the same services, the same health care, that non-transgender people do is an essential principle of health care reform, is an essential principle of the Affordable Care Act.”
The main addressee on the letter is Maya Rupert, federal policy director for the National Center for Lesbian Rights, which was among the 12 LGBT groups that co-sigend a letter to HHS requesting the information. HHS’s response carbon copies the other groups.
The advocates’ letter, dated June 5, calls for clarification on the issue, saying groups have previously submitted memoranda detailing the problem and calling for implementing regulations to prohibit discrimination in health care to LGBT individuals. Advocates make the case that recent determinations that sex discrimination protections apply to transgender people should make it easy for HHS to conclude such non-discrimination is possible in health care.
“While the need for regulations for section 1557 remain, we believe recent developments have it made it necessary for HHS to issue clarifying guidance on the application of the law in this area in advance of formal rulemaking,” the letter states.
In a statement, Rupert expressed gratitude to HHS for clarifying existing law protects transgender people from discrimination in health care, saying they “face several discrimination in healthcare settings and are often denied care completely.”
“This announcement affirms that all patients in federally funded health care settings must be treated equally and may not be denied care simply because of who they are,” Rupert said. “We are grateful to HHS for clarifying this important policy and providing transgender people with the security of knowing they are included in the administration’s commitment to the health and well-being of all Americans.”
U.S. Supreme Court
Supreme Court to consider bans on trans athletes in school sports
27 states have passed laws limiting participation in athletics programs

The U.S. Supreme Court on Thursday agreed to hear two cases involving transgender youth challenging bans prohibiting them from participating in school sports.
In Little v. Hecox, plaintiffs represented by the ACLU, Legal Voice, and the law firm Cooley are challenging Idaho’s 2020 ban, which requires sex testing to adjudicate questions of an athlete’s eligibility.
The 9th U.S. Circuit Court of Appeals described the process in a 2023 decision halting the policy’s enforcement pending an outcome in the litigation. The “sex dispute verification process, whereby any individual can ‘dispute’ the sex of any female student athlete in the state of Idaho,” the court wrote, would “require her to undergo intrusive medical procedures to verify her sex, including gynecological exams.”
In West Virginia v. B.P.J., Lambda Legal, the ACLU, the ACLU of West Virginia, and Cooley are representing a trans middle school student challenging the Mountain State’s 2021 ban on trans athletes.
The plaintiff was participating in cross country when the law was passed, taking puberty blockers that would have significantly reduced the chances that she could have a physiological advantage over cisgender peers.
“Like any other educational program, school athletic programs should be accessible for everyone regardless of their sex or transgender status,” said Joshua Block, senior counsel for the ACLU’s LGBTQ and HIV Project. “Trans kids play sports for the same reasons their peers do — to learn perseverance, dedication, teamwork, and to simply have fun with their friends,” Block said.
He added, “Categorically excluding kids from school sports just because they are transgender will only make our schools less safe and more hurtful places for all youth. We believe the lower courts were right to block these discriminatory laws, and we will continue to defend the freedom of all kids to play.”
“Our client just wants to play sports with her friends and peers,” said Lambda Legal Senior Counsel Tara Borelli. “Everyone understands the value of participating in team athletics, for fitness, leadership, socialization, and myriad other benefits.”
Borelli continued, “The U.S. Court of Appeals for the Fourth Circuit last April issued a thoughtful and thorough ruling allowing B.P.J. to continue participating in track events. That well-reasoned decision should stand the test of time, and we stand ready to defend it.”
Shortly after taking control of both legislative chambers, Republican members of Congress tried — unsuccessfully — to pass a national ban like those now enforced in 27 states since 2020.
Federal Government
UPenn erases Lia Thomas’s records as part of settlement with White House
University agreed to ban trans women from women’s sports teams

In a settlement with the Trump-Vance administration announced on Tuesday, the University of Pennsylvania will ban transgender athletes from competing and erase swimming records set by transgender former student Lia Thomas.
The U.S. Department of Education’s Office for Civil Rights found the university in violation of Title IX, the federal rights law barring sex based discrimination in educational institutions, by “permitting males to compete in women’s intercollegiate athletics and to occupy women-only intimate facilities.”
The statement issued by University of Pennsylvania President J. Larry Jameson highlighted how the law’s interpretation was changed substantially under President Donald Trump’s second term.
“The Department of Education OCR investigated the participation of one transgender athlete on the women’s swimming team three years ago, during the 2021-2022 swim season,” he wrote. “At that time, Penn was in compliance with NCAA eligibility rules and Title IX as then interpreted.”
Jameson continued, “Penn has always followed — and continues to follow — Title IX and the applicable policy of the NCAA regarding transgender athletes. NCAA eligibility rules changed in February 2025 with Executive Orders 14168 and 14201 and Penn will continue to adhere to these new rules.”
Writing that “we acknowledge that some student-athletes were disadvantaged by these rules” in place while Thomas was allowed to compete, the university president added, “We recognize this and will apologize to those who experienced a competitive disadvantage or experienced anxiety because of the policies in effect at the time.”
“Today’s resolution agreement with UPenn is yet another example of the Trump effect in action,” Education Secretary Linda McMahon said in a statement. “Thanks to the leadership of President Trump, UPenn has agreed both to apologize for its past Title IX violations and to ensure that women’s sports are protected at the university for future generations of female athletes.”
Under former President Joe Biden, the department’s Office of Civil Rights sought to protect against anti-LGBTQ discrimination in education, bringing investigations and enforcement actions in cases where school officials might, for example, require trans students to use restrooms and facilities consistent with their birth sex or fail to respond to peer harassment over their gender identity.
Much of the legal reasoning behind the Biden-Harris administration’s positions extended from the 2020 U.S. Supreme Court case Bostock v. Clayton County, which found that sex-based discrimination includes that which is based on sexual orientation or gender identity under Title VII rules covering employment practices.
The Trump-Vance administration last week put the state of California on notice that its trans athlete policies were, or once were, in violation of Title IX, which comes amid the ongoing battle with Maine over the same issue.
New York
Two teens shot steps from Stonewall Inn after NYC Pride parade
One of the victims remains in critical condition

On Sunday night, following the annual NYC Pride March, two girls were shot in Sheridan Square, feet away from the historic Stonewall Inn.
According to an NYPD report, the two girls, aged 16 and 17, were shot around 10:15 p.m. as Pride festivities began to wind down. The 16-year-old was struck in the head and, according to police sources, is said to be in critical condition, while the 17-year-old was said to be in stable condition.
The Washington Blade confirmed with the NYPD the details from the police reports and learned no arrests had been made as of noon Monday.
The shooting took place in the Greenwich Village neighborhood of Manhattan, mere feet away from the most famous gay bar in the city — if not the world — the Stonewall Inn. Earlier that day, hundreds of thousands of people marched down Christopher Street to celebrate 55 years of LGBTQ people standing up for their rights.
In June 1969, after police raided the Stonewall Inn, members of the LGBTQ community pushed back, sparking what became known as the Stonewall riots. Over the course of two days, LGBTQ New Yorkers protested the discriminatory policing of queer spaces across the city and mobilized to speak out — and throw bottles if need be — at officers attempting to suppress their existence.
The following year, LGBTQ people returned to the Stonewall Inn and marched through the same streets where queer New Yorkers had been arrested, marking the first “Gay Pride March” in history and declaring that LGBTQ people were not going anywhere.
New York State Assemblywoman Deborah Glick, whose district includes Greenwich Village, took to social media to comment on the shooting.
“After decades of peaceful Pride celebrations — this year gun fire and two people shot near the Stonewall Inn is a reminder that gun violence is everywhere,” the lesbian lawmaker said on X. “Guns are a problem despite the NRA BS.”
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