A BRAVE NEW WORLD OF TRANSGENDER POLICY

On New Year's Eve 2016, a group of Roman Catholic nuns breathed a heavy sigh of relief just before the clock struck twelve. That night a federal judge placed a nation-wide injunction on a Department of Health and Human Services mandate that would have forced all healthcare plans regulated under...

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Bibliographic Details
Published inHarvard journal of law and public policy Vol. 41; no. 1; pp. 309 - 354
Main Author Anderson, Ryan T
Format Journal Article
LanguageEnglish
Published Cambridge Harvard Society for Law and Public Policy, Inc 01.01.2018
Harvard Society for Law and Public Policy
Subjects
Activism
Activists
Birth control
Civil rights
Class identity
Education
Freedom of religion
Gender identity
Health care industry
Health care policy
Health insurance
Homeless people
Laws, regulations and rules
LGBTQ students
Local government
Nuns
Political aspects
Privacy
Regulation
Remedies
School districts
Segregation
Sex crimes
Sex discrimination
Sexual abuse
Shelters
Social classes
Statutes
Students
Teachers
Transgender people
Transgender persons
Womens health
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Summary:On New Year's Eve 2016, a group of Roman Catholic nuns breathed a heavy sigh of relief just before the clock struck twelve. That night a federal judge placed a nation-wide injunction on a Department of Health and Human Services mandate that would have forced all healthcare plans regulated under Obamacare to cover sex-reassignment procedures, and that would have forced all relevant healthcare workers to perform them. Because of the judge's ruling, the hospital run by the nuns would be safe. So, too, would the health insurance plan they provide to their employees. Think back to Hobby Lobby and the Little Sisters of the Poor, and their victories at the Supreme Court. This Transgender Mandate was the HHS Contraception Mandate on steroids--or hormones, as the case may be. Finally, states and local governments have a role to play. They should not elevate gender identity as a protected class in their own civil rights and antidiscrimination statutes. They should, however, clarify how access to sex-specific facilities is to be governed.
ISSN:0193-4872
2374-6572