Federal Court Axes Trump-Era HHS Anti-LGBTQ Rule

Law & Crime reports:

Days before the end of Donald Trump’s tenure, the departing president’s administration imposed a rule that gutted the “non-discrimination” provisions for the receipt of the roughly $500 billion in funds administered by the U.S. Department of Health and Human Services.

A federal judge has rescinded that Trump-era rule, restoring the regulations that existed in the wake of U.S. v. Windsor and Obergefell v. Hodges, the landmark marriage equality rulings.

On Jan. 12, 2021, just as Trump readied to exit the White House, his Department of Health and Human Services issued a rule that granted waivers for faith-based foster groups to bypass “non-discrimination” provisions protecting same-sex or non-Christian couples.

Via press release from Lambda Legal:

A federal district court rescinded a discriminatory Trump-era rule that prohibited the U.S. Department of Health and Human Services (HHS) from requiring that service providers in its $500 billion federal grants program not discriminate based on sex, sexual orientation, gender identity, religion, and other characteristics when providing HHS grant-funded services.

Democracy Forward and Lambda Legal, along with pro bono co-counsel Cravath, Swaine, and Moore, LLP,  filed a lawsuit challenging the rule in February 2021 on behalf of Facing Foster Care in Alaska, Family Equality, True Colors United, and SAGE.

“We are thrilled that the court has removed the continuing threat the presence of the discriminatory Trump-era rule posed to some of the most vulnerable members of society, including LGBTQ+ children, seniors, and people with low income, who rely on federally funded programs to meet their basic needs. Beneficiaries and participants in HHS funded programs should have the basic expectation that they can access all services and care and do so without facing harm.” said Currey Cook, Senior Counsel.

The ruling appears to be a legal formality as the Biden administration had reversed the rule last year.

Court Voids Trump-Era Rule That Allowed Recipients of Government Health Funding to ‘Discriminate’ Against LGBT Peoplehttps://t.co/UFFL3fEHiq

— Law & Crime (@lawcrimenews) July 5, 2022