Healthcare protection given to the Trans community revoked by Trump's Administration
Amid the COVID-19 pandemic, the Trump Administration finalized its decision to roll-back health care protection provided to the transgender community in the US. This protection was available to them under the Affordable Care Act (ACA), which was started by Obama’s government in the year 2010, and hence, it is also called Obamacare. It was considered to be a healthcare Reform started by Obama in the US.
After the reversal of this act by the Trump Administration, it will leave the LGBTQ community with gender Identity discrimination in Health Care. Now sex would only be determined in plain words as male or female. On the contrary, during Obama’s regime, gender was defined as something which is a person’s internal sense of being and they had the freedom to choose their sexual orientation according to the same.
This new version of the policy is predicted to have a lot of detrimental effects on the transgender
community, as now they will be denied healthcare and healthcare insurances. There are going to be times when they might have to explain their sexual orientation to the doctor in order to seek treatment and it will be difficult for them to fill in the bracket of sex defined as male or female. Healthcare is the most basic right that any individual can ask for in a country and erasing this policy that protected the healthcare rights of the transgender community in the US will just further aggravate the protest environment in the US, which is already very tense due to the death of George Floyd.
Several Human Rights organizations in the US are against this new policy and they are challenging this new development which seeks to take away the healthcare protection of the transgender. The Human Rights Campaign, the American Civil Liberties Union, and Lambda Legal’s Transgender Rights Project plan to sue the present government of the US for the new version of this policy.
Many individuals who belong to the LGBTQ community now fear the fact that they might be misgendered, mocked, or ridiculed. They also feel that now the doctors might not even listen to them or respect their knowledge about their bodies.
On the contrary, some Doctors who support the proposal of the government are of the view that now they will not have to perform certain controversial procedures that were against their moral and ethical principles. They had a lot of pressure before this as a Doctor to perform these controversial procedures due to the transgender community and the obligations they had to fulfill as a doctor.
Elizabeth Sepper, a Law professor at the University of Texas is of the opinion that this new rule not only narrows what is considered as sex determination, but it also narrows who has to comply with anti-sex determination policy. She further adds that healthcare providers are supposed to act in the patient’s best interest by being kind and gentle. But after the advent of this rule, she fears that there would be bad medicine and cruelty against the transgender community.
The reversal of the ACA (Affordable Care Act) by Trump’s Administration is being considered as a regressive move in a progressive society like America. It sets a bad example in front of other nations in the world. This will further degrade the status of the LGBTQ community all across the world and their social standing in society. The freedom to choose one’s identity especially when it comes to their sexual orientation is a very personal arena and denying the transgender to get healthcare protection that was earlier ensured in the ACA is another nail in the coffin of Human Rights. This move was taken by Trump’s regime during the Pride month of June when the whole world is celebrating the LGBTQ and promoting their self-affirmation, equality and increased visibility is not only shameful but disappointing.
“Trump Administration Reverses Health Protections for Transgender People.”The Guardian, 12 June 2020, www.theguardian.com/us-news/2020/jun/12/trump-transgender-lgbt-healthcare-protections.
“Trump Administration Issues Rule to Curtail Health Protections for Transgender People.”NBC News, 13 June 2020, www.nbcnews.com/feature/nbc-out/trump-administration-issues-rule-curtail-health-protections-transgender-people-n1230921.
Kaplan, Sheila. “Health Care Advocates Push Back Against Trump’s Erasure of Transgender Rights.”Https://Www.Nytimes.Com/#publisher, 14 June 2020, www.nytimes.com/2020/06/13/health/trump-health-care-transgender-rights.html.
ABOUT THE AUTHOR:
Rudra Prasad is a 4th-year student of Law at the Kirit P. Mehta School of Law, NMIMS University, Mumbai.
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