Golden State Today

California Attorney General Rob Bonta has led a coalition of 20 attorneys general in filing a multistate amicus brief in the case of States of Texas and Montana v. Becerra et al. The brief opposes the motion by Texas and Montana for a temporary restraining order, preliminary injunction, and stay of agency action against the Biden administration’s 2024 Final Rule implementing Section 1557 of the Patient Protection and Affordable Care Act (ACA). This rule aims to strengthen protections against discrimination in health care for various marginalized groups.

In their brief, the coalition supports the final rule's inclusion of sexual orientation and gender identity as forms of sex discrimination. They emphasize the necessity of upholding Section 1557’s nondiscrimination protections to ensure equitable access to health care for all individuals.

"While some seek to undermine vital health care protections for our most vulnerable patient populations, the Biden administration’s final rule ensures equal and uninterrupted access to health care for all free from discrimination," said Attorney General Bonta. "We urge the court to consider the serious physical, emotional, and psychological harms stemming from health care discrimination against underserved communities already facing significant barriers in our nation’s health care system. At the California Department of Justice, we will continue to use every tool at our disposal to safeguard the health care rights of all."

Section 1557 prohibits any federally funded health programs or activities from discriminating based on race, color, national origin, sex, age, or disability. A rule issued by the Trump administration on June 19, 2020, significantly narrowed these protections by eliminating prohibitions that prevented discrimination against LGBTQ+ individuals and other vulnerable populations. In April 2024, however, the Biden administration restored these protections through its final rule.

The amicus brief argues that:

- The amici states' experiences ensuring equitable access to healthcare for transgender individuals confirm important benefits provided by this rule.

- Denying medically necessary care would inflict serious harm on transgender individuals’ physical, emotional, and psychological well-being.

- The definition of discrimination "on the basis of sex" includes sexual orientation and gender identity as consistent with statutory text, congressional intent, and Supreme Court precedent.

Attorney General Bonta was joined in filing this amicus brief by his counterparts from Colorado, Connecticut Delaware Hawaii Illinois Maine Maryland Massachusetts Michigan Minnesota Nevada New Jersey New York Oregon Pennsylvania Rhode Island Vermont Washington District Columbia

A copy of amicus brief can be found here

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