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 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.
A federal court has rejected the Biden admin’s attempt to redefine “sex” in federal law, ruling that “Title IX’s protections center on differences between the two biological sexes.” This is a win for doctors and female athletes. ADF filed an amicus. ⬇️ https://t.co/Ff7e0sMhOb
— Alliance Defending Freedom (@ADFLegal) November 14, 2022
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.
Unsurprisingly, angry LGBTQ people flooded social media with angry posts over the judge’s ruling.
There goes “settled law” again…
— P J Evans 🐀 (@PJEvans66030270) November 12, 2022
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.