Montana and Texas attorneys general filed a lawsuit on Tuesday against Xavier Becerra, Secretary of the Department of Health and Human Services (HHS), regarding a rule mandating that states cover “gender transition” procedures through their Medicaid programs. This rule also requires healthcare providers who receive federal funding to perform these procedures, even if it goes against state laws.
The complaint, submitted on June 11 to the U.S. District Court for the Eastern District of Texas, Tyler Division, aims to halt a new rule recently published by HHS in the Federal Register. This rule modifies non-discrimination protections of the Affordable Care Act (ACA) by broadening the definition of “sex” discrimination to include discrimination based on “gender identity.”
The rule, known as “Nondiscrimination in Health Programs and Activities,” enforces Section 1557 of the ACA by expanding protections for individuals in various groups, including prohibiting denial of benefits based on factors like race, age, disability, and now gender identity. It mandates nondiscrimination protections based on gender identity and sexual orientation, prohibiting the denial of “gender-affirming” care.
The attorneys general of Montana and Texas argue that this rule represents a significant social change that forces taxpayers in their states to fund controversial and harmful procedures related to “gender transition.” They are seeking injunctive relief to prevent the enforcement of this rule, which they claim is unlawful and unconstitutional.
In response to the lawsuit, HHS did not provide a comment. However, when announcing the rule, HHS stated that it enhances protections against discrimination and ensures a more inclusive healthcare system.
This legal battle highlights the ongoing debate surrounding transgender rights and healthcare access in the United States, with differing perspectives from conservatives and progressives on the issue.
Bonnie Gasper, vice chair of the Child Protection League Action, emphasized in an interview with The Epoch Times that the statement adds significant credibility to their position. “They are advocating for a stop to all of these practices because the evidence is clear,” Ms. Gasper remarked, referring to interventions such as puberty blockers and cross-sex hormones.