Federal judge shoots down Biden’s version Of Title IX protections

The Biden administration extended the Affordable Care Act (ACA) to include discrimination provisions for the gay and transgender community, but a Texas judge just shot the administration down, according to The Daily Wire

In a recent 26-page decision, U.S. District Judge Matthew Kacsmaryk found that “the Supreme Court’s 2020 decision in Bostock v. Clayton County, which bars workplace discrimination on the basis of sexual orientation and “gender identity,” does not apply to the 2010 health care law,” the outlet noted.

The ruling was issued on Friday.

Kacsmaryk’s decision came as a result of a class-action lawsuit filed by two doctors. The individuals involved were represented in court by the America First Legal Foundation.

The decision

The Texas judge made clear that the original language of Title IX protections would stand for now, noting that it would take an act of Congress or the Supreme Court to change it.

“Title IX’s ordinary public meaning remains intact until changed by Congress, or perhaps the Supreme Court,” the judge wrote.

The Daily Wire noted:

When Congress adopted the Affordable Care Act in 2010 during former President Barack Obama’s tenure, they could have included “sexual orientation” or “gender identity” in the text, but “chose not to do so,” said Kacsmaryk.

“Congress limited Section 1557’s protections to those afforded by other federal statutes – including Title IX. Because Title IX does not protect ‘sexual orientation’ or ‘gender identity’ status, neither does Section 1557,” the judge added.

Intense backlash

Unsurprisingly, angry LGBTQ people flooded social media with angry posts over the judge’s ruling.

It will likely be several years before this changes, as House Republicans, who now have a majority, are unlikely to vote in favor of reinstating the Biden administration’s provisions.