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by Aneesha Pappy •
WASHINGTON—As the LGBTQ+ community continues to face discriminatory legislation across the country, there are also a number of active court cases making their way through the court system that seek to either roll back these anti-equality laws or expand LGBTQ+ protections. In addition, anti-equality state attorneys general and anti-equality organizations are challenging non-discrimination rules issued by the federal government. Ranging from healthcare to education, these cases address a variety of rights and will have an important impact on the state of equality for LGBTQ+ Americans.
In order to track these cases and the consequences of their decisions, this background document provides topline information while also illustrating the disturbing range of attacks facing LGBTQ+ people.
Health Care
Bans on Health Care for Transgender People
This case challenges Tennessee’s law (Senate Bill 1), that bans transgender medical care for minors in the state. This case came through the 6th Circuit and is now awaiting a decision by the Supreme Court on whether to grant a writ of certiorari alongside Jane Doe 1 v. Kentucky ex rel. Coleman, Attorney General. These cases have been distributed for conference by the Supreme Court.
This case challenges Kentucky’s law (Revised Statutes Section 311.372(2)), that bans transgender medical care services for minors. This case came through the 6th Circuit and is now awaiting a decision by the Supreme Court on whether to grant a writ of certiorari alongside L.W. v. Skrmetti. These cases have been distributed for conference by the Supreme Court.
The original complaint filed in the U.S. District Court for the Northern District of Florida challenged a Florida ban on transgender medical services for youth in the state. The complaint was later amended to address state law restrictions on access to care for adults and seeking class-wide relief for all transgender minors and adults.
This case is still awaiting a decision by the district court.
In September 2022, LGBTQ+ and health advocacy groups, including Lambda Legal, filed a lawsuit in the U.S. District Court for the Northern District of Florida challenging a Florida rule, and subsequently statute (SB 254) that denies coverage of transgender medical care under Medicaid.
In June 2023, the U.S. District Court for the Northern District of Florida ruled that the prohibition on Medicaid coverage was unconstitutional and violated both the federal Medicaid statute and the Affordable Care Act.
PrEP Restrictions
This case challenges the United States Preventive Services Task Force (USPSTF) preventive care ratings that require healthcare plans to cover preventive services–including the HIV prevention medicine PrEP, breast cancer screenings, depression screenings, Hepatitis B/C and other STI counseling and screenings–under the Affordable Care Act (ACA) at no cost to the enrollee.
In March 2023, the District Court ruled that the USPSTF coverage mandates were unconstitutional. That decision was appealed to the 5th Circuit Court and is now awaiting a decision.
Affordable Care Act Section 1557 Regulations
On April 26, 2024, the Department of Health and Human Services finalized a new regulation strengthening non-discrimination provisions (Section 1557) of the Affordable Care Act (ACA). The updated rule, implementing Section 1557 of the ACA, now provides clear protections on the basis of sexual orientation and sex characteristics. It also improved pre-existing protections for gender identity. To date, two lawsuits have been filed challenging the rule. These cases are in the early stages of litigation.
Education
In schools and classrooms across the country, LGBTQ+ students and families are facing LGBTQ+ legislation censoring what they can say and the resources and programs they can access.
LGBTQ+ Censorship Laws
In March 2024, Kaplan Hecker & Fink LLP and the National Center for Lesbian Rights filed the agreement with in the 11th Circuit, effectively nullifying the majority of the anti-LGBTQ+ impacts of Florida’s “Don’t Say LGBTQ+ Law.” In part, the settlement strengthens protections from bullying, ensures that schools can have GSAs, guaranteed free speech rights, and prohibits treating LGBTQ+ people differently from others.
Sports Bans
Filedby the ACLU, this case challenges Idaho’s HB 500, which bans transgender and intersex women and girls from participating in women’s sports. In August 2023, the 9th Circuit Appeals upheld the preliminary injunction, blocking the application of the law. The case is ongoing.
This case challenges a West Virginia law (HB 3293) banning transgender girls from participating in school sports that align with their gender identity. In April 2024, the 4th Circuit Court of Appeals blocked the law, allowing the plaintiff to continue playing on her school’s athletics team. The case is ongoing.
Title IX Regulations
On April 19, 2024, U.S. Department of Education finalized a new Title IX rule that clarified the scope of nondiscrimination protections on the basis of sexual orientation and gender identity throughout federally funded educational activities and programs. The new rule also reversed Trump-era changes to Title IX that limited federally funded educational institutions’ obligation to address sexual harassment and assault, and clarifies protections for pregnant and parenting students. To date eight lawsuits that have been filed on behalf of states, counties, school districts, organizations and private litigants. In total, 26 states have challenged the new Title IX rules. These cases are in the early stages of litigation but have the potential to result in a nationwide injunction on enforcement by the Department of Education Office for Civil Rights.
The Human Rights Campaign is America’s largest civil rights organization working to achieve equality for lesbian, gay, bisexual, transgender and queer people. HRC envisions a world where LGBTQ+ people are embraced as full members of society at home, at work and in every community.
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