Congress to veto Healthcare Discrimination Law

Congress to veto Healthcare Discrimination Law

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Lucy Xavier started this petition to United States Congress

We urge Congress to veto/undo the Executive and Supreme Court decisions regarding the Trump Administration’s new law regarding healthcare workers’ agency to deny care to people based on sex; targeting primarily trans people and women’s reproductive rights. We stand firm that this is unconstitutional and in direct conflict with Title VII of the landmark Civil Rights Act of 1964 which outlaws discrimination, all-encompassing, based on race, religion, sex or national origin. While the Act specifically lists the protection of application to voter registration requirements, segregation of schools, employment and public accommodations we are resolute in the belief that healthcare services are a basic human right regardless of any aspect of a citizen’s identity.

 


The discrepancy appears to come down to the legal definition of sex when it comes to how this law will discriminate against trans people specifically. In 2016 the previous administration issued a regulation implementing Section 1557 that redefined sex discrimination to include termination of pregnancy and gender identity; not strictly biological sex. On December 31, 2016 a federal court preliminary enjoined, ultimately deciding the provisions were unlawful and conflicted with the Religious Freedom Restoration Act and the Administrative Procedure Act. Specifically we’d like to address the Religious Freedom Restoration Act to declare that a healthcare workers’ religion should not allow them to deny service to anyone based on their identity because of the Hippocratic Oath.

 


In defense of our proposal we’d like to reference the Supreme Court ruling on Monday, June 15th, the day of this writing serendipitously, by a 6-3 vote decision that Title VII bars discrimination of employment based on sex, encompassing LGBTQIA+ workers. On the subject of the legal definition of sex, Justice Neil Gorsuch wrote for the court, “An employer who fires an individual for being homosexual or transgender fires that person for traits or actions it would not have questioned in members of a different sex.” In this statement Justice Gorsuch clearly states that transgender people should be included in Title VII’s protection based on sex. There is no reason then that this logic should not also be applied to transgender people’s access to healthcare services with protection from any and all forms of discrimination, in any range of services.

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