Issue
In January 2021, President Biden directed federal agencies to interpret federal laws that prohibit discrimination based on sex to also include sexual orientation and gender identity, consistent with the Supreme Court’s 2020 decision in Bostock v. Clayton County. The current U.S. Department of Health and Human Services (HHS) proposed rule aims to clarify and ensure consistent interpretation and application of non-discrimination protections based on sex across HHS award programs.
Impact
The proposed rule applies to statutes that prohibit discrimination on the basis of sex in connection with HHS grant programs. These programs provide assistance to youth and adults who experience health disparities, including people who suffer from mental health conditions; low-income individuals, including pregnant people and parents; people who are homeless or at risk of homelessness; refugees; and survivors of intimate partner violence. LGBT people are often overrepresented in these communities. In addition, many LGBT people face discrimination when accessing services in these areas, which underscores the importance of solidifying HHS non-discrimination protections that include sexual orientation and gender identity.
Summary
Scholars provide information about the LGBT population in the U.S. and research on the existence and impact of discrimination based on sexual orientation and gender identity. They also provide recommendations to further strengthen non-discrimination requirements in HHS award programs and to ensure that LGBT beneficiaries have equal access to HHS-funded activities and services.