The Trump administration has taken several steps to roll back protections for LGBTQ people, including in health care. Most recently, on June 12^th, the administration released a final rule on Section 1557 of the Affordable Care Act and other health regulations, removing protections based on sexual orientation and gender identity (including transgender status) in health care, arguing that the definition of sex does not extend to either.

As a result of this rule, for example, health care insurers and providers could refuse to cover or treat someone who is transgender. Just three days later, however, the U.S. Supreme Court issued a landmark 6-3 decision, concluding that gender identity and sexual orientation are protected under the definition of sex discrimination in the workplace. While the Supreme Court decision pertains to employment and not health care, it likely has significant implications for the HHS rule. On June 22, 2020, a lawsuit was filed by several organizations using the Supreme Court decision to challenge the constitutionality of the Trump administration’s Section 1557 rule.