National
HHS moves again to enable anti-LGBT discrimination in health care
Proposal would allow denial of services based on religious objections
On the heels of creating a new conscience division at the Department of Health & Human Services, the Trump administration has proposed a new religious exemption that critics say would allow widespread discrimination against women seeking abortions and against LGBT people.
Camilla Taylor, senior counsel for Lambda Legal, told the Washington Blade the proposal is “a travesty, outrageous” in terms of its potential to allow denial of medical services for LGBT people.
“It undoubtedly will result in increased denials of service to LGBT people,” Taylor said. “It’s intended to facilitate federally funded health care providers denying service not just to LGBT people, but to women and other vulnerable groups.”
Mara Keisling, executive director of the National Center for Transgender Equality, said in a conference call with reporters the proposal ignores federal laws against discrimination in health care.
“The Department of Health & Human Services … proposed a regulation that goes well beyond existing laws to create sweeping, dangerous exemptions that would encourage health care providers to pick and choose which patients they will and won’t treat,” Keisling said.
The language of the 216-page proposal is geared more toward allowing medical providers to deny abortion-related services on the basis of religious objections, but it contains broad language allowing for exemptions for any reason as well as code words critics say are intended to deny LGBT people medical services.
A provision allowing for exemptions on “sterilization” procedures, for example, is seen as a slur meant to include gender reassignment surgery for transgender people. Other provisions condoning religious counseling are construed as allowing federal payments for widely discredited “ex-gay” conversion therapy.
Taylor said the although rule is specific to abortion, much of the broader language in the proposal would impact access to health care for LGBT people.
“It allows federally funded accredited health care providers to deny services on religious or moral beliefs, whatever the hell that means,” Taylor said.
The proposed rule comes one day after the creation of the Conscience & Religious Freedom Division with the HHS Office for Civil Rights, which has been panned as a tool for enabling the kind of denial of services enabled in the religious freedom rule.
“It’s weaponizing the Office of Civil Rights within HHS to target people for denial of health care at taxpayer expense,” Taylor said.
On the same day as the proposed rule was published, HHS announced a similar reversal of Obama-era policy to allow states to limit access to Medicaid to health institutions, including Planned Parenthood, that provide services to which the states object.
In contrast to the Trump administration, the Obama administration issued a rule interpreting the provision barring sex discrimination under the Affordable Care Act to ban medical providers from discriminating against transgender patients or women who have had abortions. After a legal challenge, however, HHS was enjoined from enforcing that rule as a result of a court order issued by U.S. District Judge Reed O’Connor in Texas.
Even with the Trump administration’s proposed rule, the provision of Obamacare barring sex discrimination, Section 1557, remains in effect. Individuals who feel they faced anti-LGBT discrimination in the health care system still have a private right to sue in federal court under that underlying statute.
Taylor, however, said many courts have put these lawsuits on hold in anticipation of new regulations coming from the Trump administration.
“It’s unclear what remedy people will have in court,” Taylor said. “We would argue that those courts should take action, should remedy the discrimination.”
The proposed rule isn’t yet in effect. The proposal allows for a comment period of 60 days, which will proceed the finalization of the rule at a later time.
As such, many LGBT legal groups said at this time they’re unable to sue the federal government over the rule and will wait until the rule is made final.
Shannon Minter, legal director for the National Center for Lesbian Rights, said no litigation against the proposal is planned at this time.
“There is nothing in the proposed rule that specifically targets LGBT people, though some of the broad proposed definitions would open the door to potential discrimination against LGBT people and others,” Minter said. “We are still analyzing the potential ramifications. Especially since the rule is not yet final, we are not planning litigation at this time.”
Taylor said a Lambda Legal lawsuit against the new rule is “very likely,” but the timing isn’t yet clear as the comment period process unfolds.
“We are already asking people to call us if they’ve been denied health care, and the creation of this new HHS unit, I think, is an invitation to health care providers to start denying treatment to people now in anticipation that the administration is going to assist them,” Taylor said. “So there may be specific lawsuits that come up prior to the ruling going into effect that concern the administration’s efforts to provide exemptions to non-discrimination requirements.”
National
Supreme Court deals blow to trans student privacy protections
Under this ruling, parents are entitled to be informed about their children’s gender identity at school, regardless of state protections for student privacy.
The Supreme Court on Monday blocked a California policy that allowed teachers to withhold information about a student’s gender identity from their parents.
The policy had permitted California students to explore their gender identity at school without that information automatically being disclosed to their parents. Now, educators in the state will be required to inform parents about developments related to a student’s gender identity, depending on how the case proceeds in lower courts.
The case involves two sets of parents — identified in court filings as John and Jane Poe and John and Jane Doe — both of which say their daughters began identifying as boys at school without their knowledge, citing religious objections to gender transitioning.
The Poes say they only learned about their daughter’s gender dysphoria after she attempted suicide in eighth grade and was hospitalized. After treatment for the attempt and after being returned to school the following year, teachers continued using a male name and pronouns despite the parents’ objections, citing California law. The Poes have since placed their daughter in therapy and psychiatric care.
Similarly, the Does say their daughter has intermittently identified as a boy since fifth grade, but while their daughter was in seventh grade, they confronted school administrators over concerns that staff were using a male name and pronouns without informing them. The principal told them state law barred disclosure without the child’s consent.
Both sets of parents filed lawsuits in the U.S. District Court for the Southern District of California challenging the state policy that protects students’ gender identity and limits when schools can disclose that information to parents.
The justices voted along ideological lines, with the court’s six conservative members in the majority and the three liberal justices dissenting.
“We conclude that the parents who seek religious exemptions are likely to succeed on the merits of their Free Exercise Clause claim,” the court said in an unsigned order. “The parents who assert a free exercise claim have sincere religious beliefs about sex and gender, and they feel a religious obligation to raise their children in accordance with those beliefs. California’s policies violate those beliefs.”
In dissent, the three liberal justices argued that the case is still working its way through the lower courts and that there was no need for the high court to intervene at this stage. Justice Elena Kagan wrote, “If nothing else, this Court owes it to a sovereign State to avoid throwing over its policies in a slapdash way, if the Court can provide normal procedures. And throwing over a State’s policy is what the Court does today.”
Conservative Justices Samuel Alito and Clarence Thomas indicated they would have gone further and granted broader relief to the parents and teachers challenging the policy.
The emergency appeal from a group of teachers and parents in California followed a decision from the United States Court of Appeals for the Ninth Circuit that allowed the state’s policy to remain in effect. The appeals court had paused an order from U.S. District Judge Roger Benitez — who was nominated by George W. Bush — that sided with the parents and teachers and put the policy on hold.
The legal challenge was backed by the Thomas More Society, which relied heavily on a decision last year in which the court’s conservative majority sided with a group of religious parents seeking to opt their elementary school children out of engaging with LGBTQ-themed books in the classroom.
California Attorney General Rob Bonta expressed disappointment with the ruling. “We remain committed to ensuring a safe, welcoming school environment for all students while respecting the crucial role parents play in students’ lives,” his office said in a statement.
The decision comes as the Trump administration has taken a hardline approach to transgender rights. During his State of the Union address last week, President Donald Trump referenced Sage Blair, who previously identified as transgender and later detransitioned, describing Blair’s experience transitioning in a public school. According to the president, school employees supported Blair’s chosen gender identity and did not initially inform Blair’s parents.

Last year, the court upheld Tennessee’s ban on gender-affirming medical care for transgender minors and has allowed enforcement of a policy barring transgender people from serving in the military to continue during Trump’s second term.
The Comings & Goings column is about sharing the professional successes of our community. We want to recognize those landing new jobs, new clients for their business, joining boards of organizations and other achievements. Please share your successes with us at [email protected].
Congratulations to Gil Pontes III on his recent appointment to the Financial Advisory Board for the City of Wilton Manors, Fla. Upon being appointed he said, “I’m honored to join the Financial Advisory Board for the City of Wilton Manors at such an important moment for our community. In my role as Executive Director of the NextGen Chamber of Commerce, I spend much of my time focused on economic growth, fiscal sustainability, and the long-term competitiveness of emerging business leaders. I look forward to bringing that perspective to Wilton Manors — helping ensure responsible stewardship of public resources while supporting a vibrant, inclusive local economy.”
Pontes is a nonprofit executive with years of development, operations, budget, management, and strategic planning experience in 501(c)(3), 501(c)(4), and political organizations. Pontes is currently executive director of NextGen, Chamber of Commerce. NextGen Chamber’s mission is to “empower emerging business leaders by generating insights, encouraging engagement, and nurturing leadership development to shape the future economy.” Prior to that he served as managing director of The Nora Project, and director of development also at The Nora Project. He has held a number of other positions including Major Gifts Officer, Thundermist Health Center, and has worked in both real estate and banking including as Business Solutions Adviser, Ironwood Financial. For three years he was a Selectman, Town of Berkley, Mass. In that role, he managed HR and general governance for town government. There were 200+ staff and 6,500 constituents. He balanced a $20,000,000 budget annually, established an Economic Development Committee, and hired the first town administrator.
Pontes earned his bachelor’s degree in political science from the University of Massachusetts, Dartmouth.
Kansas
ACLU sues Kansas over law invalidating trans residents’ IDs
A new Kansas bill requires transgender residents to have their driver’s licenses reflect their sex assigned at birth, invalidating current licenses.
Transgender people across Kansas received letters in the mail on Wednesday demanding the immediate surrender of their driver’s licenses following passage of one of the harshest transgender bathroom bans in the nation. Now the American Civil Liberties Union is filing a lawsuit to block the ban and protect transgender residents from what advocates describe as “sweeping” and “punitive” consequences.
Independent journalist Erin Reed broke the story Wednesday after lawmakers approved House Substitute for Senate Bill 244. In her reporting, Reed included a photo of the letter sent to transgender Kansans, requiring them to obtain a driver’s license that reflects their sex assigned at birth rather than the gender with which they identify.
According to the reporting, transgender Kansans must surrender their driver’s licenses and that their current credentials — regardless of expiration date — will be considered invalid upon the law’s publication. The move effectively nullifies previously issued identification documents, creating immediate uncertainty for those impacted.
House Substitute for Senate Bill 244 also stipulates that any transgender person caught driving without a valid license could face a class B misdemeanor, punishable by up to six months in jail and a $1,000 fine. That potential penalty adds a criminal dimension to what began as an administrative action. It also compounds the legal risks for transgender Kansans, as the state already requires county jails to house inmates according to sex assigned at birth — a policy that advocates say can place transgender detainees at heightened risk.
Beyond identification issues, SB 244 not only bans transgender people from using restrooms that match their gender identity in government buildings — including libraries, courthouses, state parks, hospitals, and interstate rest stops — with the possibility for criminal penalties, but also allows for what critics have described as a “bathroom bounty hunter” provision. The measure permits anyone who encounters a transgender person in a restroom — including potentially in private businesses — to sue them for large sums of money, dramatically expanding the scope of enforcement beyond government authorities.
The lawsuit challenging SB 244 was filed today in the District Court of Douglas County on behalf of anonymous plaintiffs Daniel Doe and Matthew Moe by the American Civil Liberties Union, the ACLU of Kansas, and Ballard Spahr LLP. The complaint argues that SB 244 violates the Kansas Constitution’s protections for personal autonomy, privacy, equality under the law, due process, and freedom of speech.
Additionally, the American Civil Liberties Union filed a temporary restraining order on behalf of the anonymous plaintiffs, arguing that the order — followed by a temporary injunction — is necessary to prevent the “irreparable harm” that would result from SB 244.
State Rep. Abi Boatman, a Wichita Democrat and the only transgender member of the Kansas Legislature, told the Kansas City Star on Wednesday that “persecution is the point.”
“This legislation is a direct attack on the dignity and humanity of transgender Kansans,” said Monica Bennett, legal director of the ACLU of Kansas. “It undermines our state’s strong constitutional protections against government overreach and persecution.”
“SB 244 is a cruel and craven threat to public safety all in the name of fostering fear, division, and paranoia,” said Harper Seldin, senior staff attorney for the ACLU’s LGBTQ & HIV Rights Project. “The invalidation of state-issued IDs threatens to out transgender people against their will every time they apply for a job, rent an apartment, or interact with police. Taken as a whole, SB 244 is a transparent attempt to deny transgender people autonomy over their own identities and push them out of public life altogether.”
“SB 244 presents a state-sanctioned attack on transgender people aimed at silencing, dehumanizing, and alienating Kansans whose gender identity does not conform to the state legislature’s preferences,” said Heather St. Clair, a Ballard Spahr litigator working on the case. “Ballard Spahr is committed to standing with the ACLU and the plaintiffs in fighting on behalf of transgender Kansans for a remedy against the injustices presented by SB 244, and is dedicated to protecting the constitutional rights jeopardized by this new law.”
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