AUSTIN, TX — (12-19-22) — The Biden administration failed to appeal a recent court loss in Texas regarding federal LGBTQ protections, a decision Attorney General Ken Paxton is celebrating as a win for anti-LGBTQ advocates.
On October 1, Trump-appointed judge Matthew Kacsmaryk declared unlawful two pieces of the Affordable Care Act’s federal guidance: one that said the Affordable Care Act protects transgender patients’ access to gender-affirming care; and another that said employment protections for gay and transgender workers extend to policies like dress code, as well as what pronouns and bathrooms they use.
LGBTQ advocates and medical experts said the lack of an appeal won’t have an immediate and direct effect on LGBTQ rights, and expect the Biden administration has another legal strategy in the works to reinstate the very LGBTQ protections that were stricken down by Judge Kacsmaryk.
Texas attorney general Paxton, a Republican who has long opposed LGBTQ rights and who is under multiple federal investigations, wasted no time promoting his win in a press release Tuesday saying that the president has given up on the case.
“Biden’s failure to appeal by the deadline means this victory is now secure — Texas employers and employees will not be forced to have workplaces infused with woke gender theories, and Texas children will be safe from the Biden Administration’s so-called sexual orientation and gender identity agenda,” said Paxton..
JRL CHARTS LGBT Politics reached out to the White House and the Justice Department for comment on this story but as of yet to receive a response.
One reason the Biden administration has been silent on the case is because the federal health and education agencies have already proposed new federal regulations meant to prohibit discrimination based on sexual orientation, gender identity and sex stereotypes in the classroom and doctor’s office.
Joshua Block, a senior attorney at the ACLU’s LGBTQ & HIV Project told reporters that…“I don’t think the decision not to appeal actually has a practical effect on anyone’s rights one way or another because all this was in the first place was just nonbinding guidance,” said Block. “The courts continue to decide cases when they’re actually filed, and no other judge is bound by this judge’s legal reasoning.” said Block.
Article by: Paul Goldberg, Staff Writer
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