Trump Regime Rolls Back LGBT Healthcare Protections on Anniversary of Pulse Massacre

The Trump/Pence regime is truly perverse- hateful might be a more accurate description - as it deliberately takes actions to send messages to its ugly base and simultaneously reminds those his base hates are constant targets. First, Trump announces a rally in Tulsa - the site of perhaps the most brutal attack on blacks post Civil War - to take place on Juneteenth, the date when blacks celebrate the of the announcement of their freedom in Texas at the end of the Civil War. Then yesterday, on the fourth anniversary of the Pulse night club massacre of LGBT individuals, the foul regime rolls out its new regulations that end LGBT protections in the health care realm and  give a green light to homophobes that they are free to discriminate and/or refuse services to LGBT individuals, particularly transgender individuals. Trump apologists will no doubt whine that the timings were coincidences, but rest assured that Stephen Miller (a look alike for Hitler's Joseph Goebbels) and other Trump henchmen know exactly what they are doing.  The two happenings are messages to white supremacists and homophobic Christofascists that Trump is their man.  A piece in The Advocate looks at the gutting of LGBT healthcare protections (thanks to Democrats on July 1st, Virginia will have state laws banning such discrimination).  Here are highlights:

The U.S. Department of Health and Human Services Friday announced changes to the Affordable Care Act that reverse protections for transgender people added by the Obama administration in December 2016. The previous changes to Section 1557 of the ACA had defined gender as “one’s internal sense of gender, which may be male, female, neither, or a combination of male and female.” Today’s announcement signaled a return to the original text of the law.

“Today’s rule attempts to gut the robust nondiscrimination protections under the Health Care Rights Law, Section 1557 of the Affordable Care Act (ACA),” Winnie Stachelberg, executive vice president for external affairs at the Center for American Progress, said in a written statement. “This move by the administration to undermine anti-discrimination protections in health care for LGBTQ people, women, people with limited English proficiency, people with disabilities, and others, including those who face multiple forms of discrimination, is unconscionable at any time.”

The new language also removes antidiscrimination protections for the groups of people Stachelberg noted, and allows for wide-ranging exemptions from providing services related to abortion if health care workers have faith-based objections.

Lynn Dawson, associate director of HIV policy at the Kaiser Family Foundation, told NPR that changes will be felt beyond basic health care issues. She says insurance companies might be able to raise premium prices for LGBTQ+ people, and trans patients might find limited remedies through the legal system.

"Because of limited access to litigation, I think that it's fair to state that the ramifications [of this rule] could be pretty significant," she lamented.

Several LGBTQ+ groups, other civil rights groups, and medical organizations issued statements condemning the administration's action, and the Human Rights Campaign plans to sue over it.

Today, the Human Rights Campaign is announcing plans to sue the Trump administration for exceeding their legal authority and attempting to remove basic health care protections from vulnerable communities including LGBTQ people. And, to add insult to injury, the administration finalized this rule on the anniversary of the Pulse shooting, where a gunman killed 49 people in an LGBTQ nightclub,” said HRC President Alphonso David. “LGBTQ people get sick. LGBTQ people need health care. LGBTQ people should not live in fear that they cannot get the care they need simply because of who they are. It is clear that this administration does not believe that LGBTQ people, or other marginalized communities, deserve equality under the law. But we have a reality check for them: we will not let this attack on our basic right to be free from discrimination in health care go unchallenged.

“It is particularly brazen of Secretary of Health and Human Services Alex Azar and the President to undermine health care access at a time when the nation is confronted by the coronavirus,” said Andy Marra, Executive Director of the Transgender Legal Defense & Education Fund. “Today’s published rule demonstrates this administration would rather promote discrimination in health care than deliver a comprehensive and evidence-based response to the pandemic. We look forward to challenging these reckless regulations alongside our partners to ensure trans protections remain intact.”

In my view, Trump and many in his regime are pure evil. 

Trump is Reversing LGBT Progress in Plain Sight

The Trump/Pence regime has been waging a relentless war against the LGBT community since day one.  Part of the motivation has been to maintain the support of gay hating evangelical Christians.  The rest seems to be based on simple anti-LGBT animus.  The result is that LGBT individuals - especially those without money and influence - are significantly less secure in their employment and health care access than was the case on the last day of the Obama administration.  In states with laws protecting LGBT rights, some of the threats are lessened at least in the realm of employment and public accommodation, but in the health care realm where federal rules often govern, dangers have increased.  In states without pro-LGBT laws, the situation can be bleak.  Thankfully, here in Virginia, there is about to be a sea change in LGBT protections with Governor Northam telling us recently that he wants to "be bold" on advancing LGBT rights in the next legislative session. Propublica has compiled a list of 31 ways in which the Trump/Pence regime has rolled back LGBT progress.  The list can be found here.  Here are some highlights (read the entire piece):

   When he campaigned for president, Donald Trump posed with the rainbow flag and became the first GOP nominee to mention LGBTQ citizens in his convention speech. . . . . stating he was “determined to protect the rights of all Americans, including the LGBTQ community.”

      Yet since taking office, Trump’s administration has acted to dismantle federal protections and resources for LGBTQ Americans, particularly those gained under President Barack Obama.

     In a reversal from the Obama administration, the Trump administration has repeatedly taken the position that laws and regulations that prohibit discrimination on the basis of sex do not cover a person discriminated against for being gay or transgender. The administration has also pushed for religious exemptions to civil rights laws, which experts say will make it easier to discriminate against LGBTQ individuals. The administration has taken particular aim at transgender people . . . . ProPublica reviewed actions taken by the Trump administration that could directly affect LGBTQ citizens. We found dozens of changes that represent a profound reshaping of the way the federal government treats the more than 11 million lesbian, gay, bisexual and transgender Americans.

Employment1.       On July 26, 2017, just months after taking office, the president tweeted that he planned to ban transgender people from military service. This announcement reportedly came as a surprise to the generals he claimed to have consulted.
 2.       Former Attorney General Jeff Sessions sent a memo that reversed the Justice Department’s position on whether the Civil Rights Act protects transgender people from workplace discrimination.
 3.       The Department of Justice, in accordance with Sessions’ memo, submitted a number of briefs in state and federal courts around the country arguing that employers could legally discriminate based on sexual orientation and gender identity. Among those were briefs filed in three cases currently in front of the Supreme Court that deal with the issue of workplace discrimination against LGBTQ people.
 4.       The Office of Personnel Management removed guidance written for federal agency managers on how to support transgender federal employees and replaced it with guidance that links to the DOJ’s reinterpretation of the Civil Rights Act, which says that Title VII does not prohibit discrimination based on gender identity.
 5.       The DOJ sent two memos to all executive branch departments that interpret religious liberty protections in ways that give broad exemptions from federal anti-discrimination laws to agencies and contractors.
 6.       The Department of Labor issued a directive to its staff to exempt contractors from compliance with federal nondiscrimination rules that cover employment if they conflict with a contractor’s religious beliefs. The directive specifically cites sexual orientation and gender identity, and it contradicts promises made by Trump in the early days of his administration that it would safeguard those rules. . . .
 7.       The Department of Labor proposed exempting providers of services and supplies for the military’s TRICARE health program from an executive order that prohibits employment discrimination on the basis of sexual orientation and gender identity by federal contractors.

Schools and Youth Groups1.       The day after Sessions was sworn in as attorney general, the DOJ withdrew the federal government’s challenge to an injunction against trans-inclusive Title IX guidance. Later that month, the DOJ and the Department of Education rescinded that guidance entirely.
 2.       The Department of Education confirmed to multiple news outlets that it was no longer investigating or taking action on complaints filed by transgender students who were barred from restrooms or other facilities that match their gender identity.
 3.       [T]he Trump administration’s Department of Education has drastically scaled back civil rights enforcement for LBGTQ students. The report found that complaints students filed alleging sexual orientation- and gender identity-based discrimination were nine times less likely to result in corrective action under the Trump administration than under the Obama administration.
 4.       According to an investigation by The Des Moines Register, the Department of Agriculture pushed the national 4-H youth organization to withdraw guidance aimed at welcoming and protecting LGBTQ members.

Health Care1.       The Department of Health and Human Services proposed a rule that would eliminate Obama-era regulations explicitly prohibiting discrimination on the basis of sex stereotyping — stereotypical notions of how those of a certain gender should look or act — and gender identity by federally funded health providers, programs and insurers . . .
 2.       In that same proposed rule, HHS said it planned to eliminate other Obama-era regulations that prohibited discrimination based on gender identity and sexual orientation in certain Medicaid, private insurance and education programs. According to the Kaiser Family Foundation, without these nondiscrimination prohibitions, health plan issuers could charge higher premiums or cancel or deny coverage to LGBTQ individuals, and Medicaid managed care programs could discriminate against LGBTQ beneficiaries in enrollment.
 3.       HHS dropped proposed requirements for hospitals to establish policies that prohibit discrimination on the basis of gender identity and sexual orientation in order to participate in Medicare and Medicaid.
 4.       This spring, the administration issued a new “conscience rule” aimed at significantly expanding protections for federally funded health care providers who refuse to provide some medical services because of religious or moral objections. The rule’s implementation, which had been delayed by legal challenges, was blocked by three federal judges this month.
 5.       The HHS Office for Civil Rights — the part of the agency that enforces health care-related anti-discrimination laws — has taken steps to shift the office’s emphasis from the protection of “equal access” for patients to the protection of “conscience and free exercise of religion” for providers. 6.       HHS announced a new proposed rule that would allow the agency to issue grants to organizations that deny services to LGBTQ people. Specifically, the administration announced that it would immediately drop enforcement of — and will be seeking to roll back — Obama-era regulations that prohibited grant recipients from denying services on the basis of sexual orientation, gender identity and religion.

Trump/Pence Regime Dismantles LGBT-Friendly Policies

Trump and  Christian extremist hate group leader Tony Perkins 

As I have maintained many times in the past, the Republican Party remains the enemy of LGBT Americans.  Never more so than under the toxic Trump/Pence regime where - except for satiating Trump's ego - nothing is more important than pandering to right wing "Christian" extremists.  I use quotations on christian since if one looks at today's evangelical Christians, they are the antithesis of the gospel message of Christ.  Hatred towards others and discrimination are the hallmarks of this cancerous form of Christianity.  And the toxic influence of these modern day Pharisees persists at the state levels of government  as well.  Hence the action by a GOP controlled sub-committee in the Virginia General Assembly that acted to kill bills that would have outlawed anti-LGBT housing and employment discrimination against state workers.  At the federal level, the attack on LGBT rights is frightening as reported in a piece in Politico.  Here are excerpts:

The nation's health department is taking steps to dismantle LGBT health initiatives, as political appointees have halted or rolled back regulations intended to protect LGBT workers and patients, removed LGBT-friendly language from documents and reassigned the senior adviser dedicated to LGBT health.

The sharp reversal from Obama-era policies carries implications for a population that's been historically vulnerable to discrimination in health care settings, say LGBT health advocates. A Health Affairs study last year found that many LGBT individuals have less access to care than heterosexuals; in a Harvard-Robert Wood Johnson-NPR survey one in six LGBT individuals reported experiencing discrimination from doctors or at a clinic.

The Trump administration soon after taking office also moved to change the agency's LGBT-related health data collection, a window into health status and discrimination. Last month it established a new religious liberty division to defend health workers who have religious objections to treating LGBT patients.

The changes at the Department of Health and Human Services represent "rapid destruction of so much of the progress on LGBT health," said Kellan Baker, a researcher at the Johns Hopkins School of Public Health who worked with HHS on LGBT issues for nearly a decade. “It’s only a matter of time before all the gains made under the Obama administration are reversed under the Trump administration, for purposes that have nothing to do with public health and have everything to do with politics.”

[S]taff inside the health department have raised concerns about several other Trump appointees now in senior roles who had a history of anti-LGBT comments before joining the agency. Among them is Roger Severino, a former Heritage Foundation official who has said that the Supreme Court's 2015 decision on same-sex marriage was "wrong" and repeatedly warned of its consequences.

Though Barack Obama as a candidate for president opposed same-sex marriage, his administration immediately took steps to advance LGBT health issues, like loosening the rules on hospital visitation rights after some same-sex couples had been barred from seeing each other.

"[A]ll across America, patients are denied the kindnesses and caring of a loved one at their sides… [and] uniquely affected are gay and lesbian Americans," Obama wrote in a 2010 memorandum, instructing HHS to expand visitation rights, a policy that still stands [for now].

The Obama administration in 2016 also finalized a regulation, Section 1557 of the Affordable Care Act, that banned discrimination in health care based on sexual orientation and extended those protections to transgender individuals for the first time.

But upon taking office last year, the Trump administration swiftly froze a series of LGBT-friendly rules, including proposed new regulations to further ban discrimination in Medicare and Medicaid. A regulation that would have allowed transgender HHS staff more protections when using the department's bathrooms and other facilities also was ignored. . . . . The health agency's new Conscience and Religious Freedom Division, which POLITICO first reported last month, is expected to offer greater protections for health care workers who do not wish to treat LGBT patients.

Another quiet battle has been over a pair of HHS surveys, with the Trump administration moving to strike questions about sexual orientation that had been added by the Obama administration in order to understand health disparities and LGBT specific health issues. The two surveys are used to shape policy for older and disabled Americans, respectively. The Trump administration subsequently reinstated some of the questions after an outcry.

Since Trump took office, multiple agencies have pursued policy reversals related to LGBT priorities. Under Attorney General Jeff Sessions, the Justice Department suggested that federal law doesn't ban sex discrimination in the workplace for transgender employees, a turnaround from the Obama administration. The Department of Education this month said that it would no longer investigate transgender students' complaints about access to bathrooms. But Christian conservatives [extremists] are noticing, and specifically praising, the reversals at the health department.

Career staff say that, regardless of what agency leaders believe or maintain now, their past comments on LGBT priorities have been widely passed around the 80,000-person department. "I photocopied them and left them in the cafeteria," said one staffer. "It's important for people to know these are the leaders they work for."

It's also fostered a climate where six staffers who are LGBT described removing their wedding rings before coming to work in the morning, taking down photos of their partners and families or ultimately finding new jobs further away from certain political appointees. They did not want to be identified; two said they feared being reassigned for being gay.

Staff also suggested that HHS has bigger priorities than rolling back LGBT health gains. "To the vast majority of Americans, this isn’t that big a deal anymore," said an employee. "It’s perplexing why they spend so much time on it."

Why the agenda of harming LGBT Americans?  In my view, it is simple: Christofascists cannot tolerate anything or anyone that challenge their Bronze Age beliefs.  Anything that hints that their hate and fear based ideology might be erroneous must be destroyed.