ACLU Washington Markup
Let's Be Clear: Transgender Discrimination IS Sex Discrimination
By Ian Thompson, ACLU Washington Legislative Office at 12:10pm | 08/08/2012 | Transgender Rights
http://www.aclu.org/blog/lgbt-rights/lets-be-clear-transgender-discrimination-sex-discrimination (http://www.aclu.org/blog/lgbt-rights/lets-be-clear-transgender-discrimination-sex-discrimination)
Recently, the ACLU and numerous allied coalition partners wrote to the U.S. Department of Health and Human Services (HHS) to request that HHS issue guidance to make clear that the Patient Protection and Affordable Care Act's prohibition on sex discrimination applies to discrimination based on gender identity and sex stereotypes. The fact that someone is transgender or does not conform to stereotypical notions of masculinity and femininity should never be a barrier to accessing health care services.
Discrimination in this area could include everything from a refusal to admit or treat an individual based on their gender identity to a requirement that those who are transgender or gender-nonconforming undergo intrusive and medically unnecessary examinations as a condition of receiving treatment.