Federal Judge Overturns Biden-Era Rule on Transgender Health Care
A federal judge has ruled against a Biden administration regulation that expanded anti-discrimination protections in transgender health care. The court found that the Department of Health and Human Services (HHS) “overstepped its authority” by redefining sex discrimination to include gender identity discrimination.
This decision came from Judge Luis Guirola Jr. of the U.S. District Court for the Southern District of Mississippi. It followed a lawsuit filed by a coalition of 15 Republican-led states. Tennessee Attorney General Jonathan Scumetti praised the ruling, stating, “Tennessee stood firm and stopped Biden-era officials from illegally rewriting our laws to force radical gender ideology into every corner of American health care.” He emphasized the coalition’s commitment to preserving the rights of health care providers to make decisions based on “evidence, reason, and conscience.”
Scumetti further expressed pride in the legal team that defended this position, suggesting that the ruling restores both common sense and constitutional limits on federal overreach.
According to the court ruling, HHS’s actions in May 2024 were seen as a significant intrusion into state authority over health care, particularly in managing their Medicaid programs. The ruling highlighted that the agency’s redefinition of Title IX’s prohibition on discrimination “on the basis of sex” to include gender identity was not authorized. Judge Guirola pointed out that when Congress established Title IX in 1972, “sex” was understood to refer to biological sex, indicating that federal agencies cannot unilaterally alter the law decades later for political reasons.
The lawsuit included states like Tennessee, Mississippi, Alabama, and West Virginia among others. Notably, this regulation first emerged in 2016 under former President Obama, was overturned by President Trump, and later reinstated by President Biden.
While the judge’s decision voids the rule completely, it was already blocked from implementation as of July 2024. The ruling emphasizes the ongoing tension between federal regulations and state authority, particularly regarding health care policies affecting transgender individuals.
