Federal Court Issues Nationwide Injunction Against Enforcement of Rules on Gender Identity

On December 31, 2016, the U.S. District Court for the Northern District of Texas granted a nationwide preliminary injunction, finding that the gender identity and termination of pregnancy provisions of final regulations under Section 1557 contradict existing law, exceed statutory authority and, as applied to religious entities, likely violate the Religious Freedom Restoration Act (RFRA).

These final regulations were to become effective for plan years beginning on or after January 1, 2017.

This decision may be appealed to the Fifth Circuit Court of Appeals. Until the appeal is decided, the Section 1557 regulations concerning gender identity or termination of pregnancy are "on hold" and cannot be enforced by HHS. This does not prevent private litigants from suing their health plan (or physician) for gender identity discrimination in the courts and argue that Title IX does include gender identity discrimination.

For a copy of the court decision, please click on the link below:

http://www.becketfund.org/wp-content/uploads/2016/12/62-Order-Granting-Injunction.pdf