Court Vacates New 1557 Rule That Would Roll Back Antidiscrimination Protections for LGBT Individuals

Section 1557 is the Affordable Care Act’s primary nondiscrimination provision; it incorporates existing federal civil rights laws—here, notably the protections against sex discrimination in Title IX of the Education Amendments of 1972—and applies them to federally funded health programs.

The Trump administration put forth a new rule on Section 1557, including limiting the definition of discrimination “on the basis of sex,” “gender identity,” and “sex stereotyping.” These changes would roll back anti-discrimination protections for LGBT individuals.

On August 17, 2020, a judge in the eastern district of New York issued a preliminary injunction – or a court order compelling a party to do or refrain from specific acts – against those proposed changes. This post briefly discusses the ongoing litigation over Section 1557, the latest ruling, what it means, and what comes next.


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