Williams Institute Scholars Provide Legal Analyses to Obama Administration Regarding Sexual Orientation and Gender Identity Discrimination in Healthcare

By Adam P. Romero
November 9, 2015

Williams Institute scholars—joined by over 40 professors of law, public policy, and public health—submitted detailed legal analyses to the U.S. Department of Health and Human Services (HHS) in support of protections against sexual orientation and gender identity discrimination in healthcare.

HHS is in the process of issuing regulations implementing the principal non-discrimination provision of the Affordable Care Act, which does not explicitly prohibit sexual orientation or gender identity discrimination in healthcare. However, the statute prohibits sex discrimination.

The legal analyses—authored by Adam P. Romero, Senior Counsel and Arnold D. Kassoy Scholar of Law at the Williams Institute—concludes that sexual orientation and gender identity discrimination are forms of sex discrimination. The letter also recommends that HHS require healthcare providers to collect data relevant to LGBT people, and limit religious exemptions to those already provided elsewhere in federal law.

Click here for the full letter.