The Biden administration is pushing ahead with expanded access to gender-affirming care, even as some Western European nations are reconsidering their approach. The final rule from the Health and Human Services Department redefines “sex” under the Affordable Care Act to include “gender identity,” drawing criticism from conservatives who argue that it disregards medical science.
HHS Secretary Xavier Becerra hailed the decision as a step toward a more equitable healthcare system, while conservatives have accused the administration of prioritizing politics over scientific evidence. Some have expressed concerns that healthcare providers could be compelled to offer sex-change drugs and procedures, including to minors, under the new rule.
The new rule comes as health officials are raising alarms about the harm of gender transitions, especially for kids. At least 22 states now ban them for kids. The UK is closing its only gender-identity clinic for kids, as the risks outweigh the benefits. https://t.co/jpfROBpq0m
— Luke Goodrich (@LukeWGoodrich) April 26, 2024
Critics argue that the new rule goes against congressional intent and promotes “dangerous, life-altering ‘gender-transition’ procedures.” They also raise concerns about the potential impact on religious providers who oppose certain procedures on moral grounds.
The department has stated that providers are not required to offer gender-affirming care if they believe it is clinically inappropriate or if their religious freedom and conscience protections apply. However, concerns remain about the implications for healthcare providers who hold religious objections to certain procedures.
The rule comes as Western European countries and some U.S. states have implemented limitations on gender-transition treatments for minors in response to rising concerns about their use. Critics of the new rule contend that it could negatively affect the healthcare system and raise legal questions about its viability.
While the Human Rights Campaign has praised the final rule as a win for improved healthcare access for LGBTQ+ Americans, others have raised objections to the religious exemption and its potential impact on denying care.
Overall, the new rule has sparked debate and raised questions about its implications for healthcare providers, religious freedom, and medical practices. Critics and supporters alike are closely watching the developments surrounding this issue as it continues to stir disagreement and legal scrutiny.