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Tennessee AG says, 'Biden-era bureaucrats tried to illegally rewrite our laws'
A federal judge struck down a Biden-era rule that expanded federal anti-discrimination measures to transgender healthcare, writing that the Department of Health and Human Services (HHS) "exceeded its authority by implementing regulations redefining sex discrimination and prohibiting gender identity discrimination."
The ruling from Judge Louis Guirola Jr. of the U.S. District Court for the Southern District of Mississippi came after a coalition of 15 Republican-led states sued over the matter, according to The Hill.
"When Biden-era bureaucrats tried to illegally rewrite our laws to force radical gender ideology into every corner of American healthcare, Tennessee stood strong and stopped them," Tennessee Attorney General Jonathan Skrmetti said in a statement following the ruling. "Our fifteen-state coalition worked together to protect the right of healthcare providers across America to make decisions based on evidence, reason, and conscience."
"This decision restores not just common sense but also constitutional limits on federal overreach, and I am proud of the team of excellent attorneys who fought this through to the finish," he added.
Skrmetti’s office said the U.S. District Court for the Southern District of Mississippi held that HHS "exceeded its authority when it issued a rule in May 2024 redefining Title IX’s prohibition against discrimination ‘on the basis of sex’ — which Congress incorporated into the ACA through Section 1557 — to include gender identity."
"HHS’s 2024 rule represented a disturbing federal intrusion into the States’ traditional authority to regulate healthcare and make decisions about their own Medicaid programs. Specifically, the rule would have prohibited healthcare facilities from maintaining sex-segregated spaces, required certain healthcare providers to administer unproven and risky procedures for gender dysphoria, and forced states to subsidize those experimental treatments through their Medicaid programs," it continued. "In vacating the rule, Judge Louis Guirola determined that when Congress passed Title IX in 1972, ‘sex’ meant biological sex and that federal agencies cannot unilaterally rewrite laws decades later to advance political agendas." --->READ MORE HERE
A federal judge on Wednesday struck down a former President Biden-era rule that extended federal health antidiscrimination protections to transgender health care.
Judge Louis Guirola Jr. of the U.S. District Court for the Southern District of Mississippi ruled in favor of a coalition of 15 GOP-led states that sued over the rule, which broadened sex discrimination by adding sexual orientation and gender identity to the list of protected characteristics in certain health programs and activities.
The Department of Health and Human Services “exceeded its authority by implementing regulations redefining sex discrimination and prohibiting gender identity discrimination,” Guirola ruled.
The decision is a significant loss for the transgender community, which is has faced a wave of state and federal policies and court decisions rolling back previously established rights.
The complaint centered on provisions in Section 1557 of the Affordable Care Act, which the Biden administration interpreted to bolster health care protections against discrimination for LGBTQ people.
The rule prevented covered entities from discriminating against certain protected groups in providing health care services, insurance coverage and program participation.
The challenged provision added gender identity to Title IX’s definition of discrimination “on the basis of sex,” which previously included discrimination based on sex characteristics, pregnancy and sex stereotypes. --->READ MORE HERE
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