A federal district court judge on Wednesday issued a temporary injunction against key provisions of a nondiscrimination rule designed to ensure that insurers and medical professionals cannot deny hormone therapy, gender transition surgeries, and related medical care for transgender individuals.
U.S. District Judge Louis Guirola Jr. granted the injunction in favor of 15 states that contested the rule, Associated Press reported.
The rule, finalized in May and scheduled to take effect on Friday, is part of the Affordable Care Act‘s broader effort to eliminate discrimination in health care.
Fifteen states opposed the rule, arguing that it would obligate their Medicaid programs to cover treatments such as hormone therapy and surgeries for transgender individuals, including minors. These states, predominantly Republican, have enacted laws prohibiting gender-affirming care for minors, citing financial and ethical concerns.
The states argued that the 1972 Title IX nondiscrimination law, on which the rule is based, relates to biological sex and not gender identity.
The injunction affects recipients of federal funds, including Medicaid programs, which are required to comply with the nondiscrimination rule.
The decision marks a setback for the Biden administration’s initiatives to bolster anti-discrimination protections.
Recently, three federal judges have also impeded efforts to extend protections for LGBTQ+ students by broadening the definition of sexual harassment under Title IX in various states.
The scope of health care protections based on gender identity has shifted over the years, having been introduced during the Obama administration, rescinded under President Donald Trump, and reinstated earlier this year by the Department of Health and Human Services.
The current version of the rule includes prohibitions against discrimination based on “sex stereotypes, sexual orientation, gender identity, and sex characteristics.”
However, attorney generals from Tennessee and other predominantly Southern and Midwestern states argued that the rule would impose financial strains if states complied under Medicaid or other federal health programs, or risk losing federal funding if they did not.
The plaintiffs also contended that the rule prioritizes “gender ideology over medical reality.”
During the court proceedings, Cody Smith, representing the Mississippi Division of Medicaid, testified that the state does not cover gender transition procedures for minors and that the Medicaid and Children’s Health Insurance Program exclude “operative procedures to treat a mental condition.”
Mississippi Governor Tate Reeves praised the judge’s decision and criticized the Biden administration’s reinterpretation of Title IX to include gender identity.
“I’m thankful to see that this judge has chosen to side with Mississippi and other states who chose to stand up for women and defend Title IX as it currently exists,” Reeves stated.
