Current Events > Trump admin releases plan to let health care providers refuse to treat trans ppl

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Antifar
05/24/19 3:55:33 PM
#1:


https://bit.ly/30Jl95Z
On Friday, the Trump administration unveiled its long-awaited assault on transgender patients, unveiling a draft rule that permits health care providers and insurance companies to discriminate against individuals on the basis of their gender identity. It marks the third time this week that the administration has rolled back federal protections for trans people, after allowing health care workers to refuse treatment for trans patients and homeless shelters to turn away trans people. The proposed rule, written by the Department of Health and Human Services, also permits providers to discriminate against women who seek care after obtaining an abortion.

Trumps HHS has been crafting this policy for years in an effort to exclude trans people from the Affordable Care Acts Section 1557. That provision bars most health care providers and insurance companies from discriminating against patients on the basis of sex (among other things). It incorporates the definition of sex discrimination used in various civil rights laws, most notably Title IX, which applies to educational institutions. The Obama administration enacted a rule interpreting Section 1557 to protect transgender people, explaining that discrimination against a patient who transitions from one sex to another is, by definition, sex discrimination. But on the last day of 2016, U.S. District Judge Reed OConnor issued a nationwide injunction blocking the rule, ruling that sex encompasses only biological differences between males and females. (OConnor has since gained notoriety for his decision holding that the entire Affordable Care Act is unconstitutional.)

The Trump administration, which purports to oppose nationwide injunctions, told OConnor that it agreed with his decision and would create a new rule that complied with the ACA, ending any possible appeal. Now it has, and the result is cruel, misleading, and extraordinarily offensive. HHS basic theorythat sex discrimination does not include discrimination against people who transitions sexesis baffling. When a doctor refuses to, for instance, prescribe hormones to a transgender woman, he is discriminating on the basis of sex: He believes his patient is a man and should not receive treatment for women. It is difficult to think of a clearer example of sex discrimination in health care, other than an outright refusal to treat patients of a certain gender.

Two aspects of the rule stand out as especially deceptive and disturbing. (To understand why, remember that the ACAs definition of sex discrimination is drawn from Title IX.) First, in the main text, HHS cites two district court decisions ruling that Title IXs ban on sex discrimination does not protect transgender people. It also cites two district court decisions reaching the opposite conclusion to illustrate that the courts have been inconsistent on the issue. In reality, however, the clear majority of district courts to consider the issue have found that Title IX does protect trans people. HHS wrongly implies that the district courts are evenly split.

The agency then pulls another sleight of hand: It relegates to a footnote decisions by four federal appeals courts holding that Title IX can or must be read to encompass anti-trans discrimination. Reading the rule, you would never guess that the weight of judicial authority contradicts HHS legal theory. It states only that these appeals courts have addressed the issuenot that, upon confronting the issue, they unanimously agreed that anti-trans discrimination is sex discrimination.

A second duplicitous passage in the new rule is even more alarming. In an ominous tangent regarding Title IX, HHS suggests that merely compelling non-trans students to be around trans students might itself constitute illegal sex discrimination.

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Foppe
05/24/19 3:57:17 PM
#2:


Remember how he supported them before the election?
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GATTJT
05/24/19 3:58:46 PM
#3:


Is it time for a revolt yet?
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Blue_Dream87
05/24/19 3:58:49 PM
#4:


I'm not even surprised anymore
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hollow_shrine
05/24/19 4:02:54 PM
#5:


Antifar posted...
A second duplicitous passage in the new rule is even more alarming. In an ominous tangent regarding Title IX, HHS suggests that merely compelling non-trans students to be around trans students might itself constitute illegal sex discrimination.

Stating the quiet part out loud.
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Bluebomber182
05/24/19 4:05:05 PM
#6:


but he waved a rainbow flag once!
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TrevorBlack79
05/24/19 4:06:09 PM
#7:


Literal cartoon villain. Jfc
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Tyranthraxus
05/24/19 4:06:10 PM
#8:


Blair White: "No you see this is reasonable because wharglebargle"
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DifferentialEquation
05/24/19 4:11:11 PM
#9:


If transgenderism isn't a doctor's area of expertise, then they shouldn't have to risk making a mistake and getting hit with a malpractice suit. It's the same reason why you shouldn't force an eye doctor to treat someone's heart condition.
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hollow_shrine
05/24/19 4:16:22 PM
#11:


DifferentialEquation posted...
If transgenderism isn't a doctor's area of expertise, then they shouldn't have to risk making a mistake and getting hit with a malpractice suit. It's the same reason why you shouldn't force an eye doctor to treat someone's heart condition.

What even is this?

Trans people aren't seeking treatment from doctors who aren't able to treat them. The doctors will already tell you what kinds of services they do or don't offer. This analogy is trash, and you knew it before you fixed yourself to come in here and shitlord.

Why are you like this?
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Slaya4
05/24/19 4:18:14 PM
#12:


This is pretty fucked up.
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dotsdfe
05/24/19 4:18:42 PM
#13:


This was always the shitty endgame for these "religious liberty" arguments. At the risk of sounding dramatic, we're approaching the point of legalized segregation and "No LGBT allowed" facilities. Plans like this are not far off of that, at all.
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Machete
05/24/19 4:20:24 PM
#14:


This is another reason why trump needs to be locked up
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thronedfire2
05/24/19 4:21:46 PM
#15:


Foppe posted...
Remember how he supported them before the election?


I still cant believe people fell for that
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Sir Will
05/24/19 4:23:00 PM
#16:


Slaya4 posted...
This is pretty fucked up.

Extremely fucked up.
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Blue_Dream87
05/24/19 4:23:25 PM
#17:


Brown v Board is coming up next
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MC_BatCommander
05/24/19 4:26:56 PM
#18:


hollow_shrine posted...
DifferentialEquation posted...
If transgenderism isn't a doctor's area of expertise, then they shouldn't have to risk making a mistake and getting hit with a malpractice suit. It's the same reason why you shouldn't force an eye doctor to treat someone's heart condition.

What even is this?

Trans people aren't seeking treatment from doctors who aren't able to treat them. The doctors will already tell you what kinds of services they do or don't offer. This analogy is trash, and you knew it before you fixed yourself to come in here and shitlord.

Why are you like this?


It's just his gimmick, don't ever take it seriously
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Phantom_Nook
05/24/19 4:46:33 PM
#19:


"This is fine." - conservatives
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Chad-Henne
05/24/19 4:48:04 PM
#20:


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CharlesBronson
05/24/19 4:49:14 PM
#21:


GATTJT posted...
Is it time for a revolt yet?

No
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DifferentialEquation
05/24/19 4:53:14 PM
#22:


hollow_shrine posted...
DifferentialEquation posted...
If transgenderism isn't a doctor's area of expertise, then they shouldn't have to risk making a mistake and getting hit with a malpractice suit. It's the same reason why you shouldn't force an eye doctor to treat someone's heart condition.

What even is this?

Trans people aren't seeking treatment from doctors who aren't able to treat them. The doctors will already tell you what kinds of services they do or don't offer. This analogy is trash, and you knew it before you fixed yourself to come in here and shitlord.

Why are you like this?


It's not a trash analogy and there are also other things to consider. In some cases, medicine doses are determined by modified body weights where the formula is based on the patient's sex. That's an unfair situation to put a doctor in because now they run the risk of seriously upsetting the patient which could cost them their job.
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hollow_shrine
05/24/19 4:57:29 PM
#23:


DifferentialEquation posted...
It's not a trash analogy and there are also other things to consider. In some cases, medicine doses are determined by modified body weights where the formula is based on the patient's sex. That's an unfair situation to put a doctor in because now they run the risk of seriously upsetting the patient which could cost them their job.

Your analogy is shit for the exact reasons I described in that post. And here I see you're doubling down on it.

OhyLJjz

Kindly, fuck off with this.
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PleaseClap
05/24/19 4:58:03 PM
#24:


DE, you really dont have to do this in every topic
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TrevorBlack79
05/24/19 4:58:39 PM
#25:


hollow_shrine posted...
DifferentialEquation posted...
It's not a trash analogy and there are also other things to consider. In some cases, medicine doses are determined by modified body weights where the formula is based on the patient's sex. That's an unfair situation to put a doctor in because now they run the risk of seriously upsetting the patient which could cost them their job.

Your analogy is shit for the exact reasons I described in that post. And here I see you're doubling down on it.

OhyLJjz

Kindly, fuck off with this.


Dude, DE is a self-admitted gimmick poster. Stop taking him seriously.
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DifferentialEquation
05/24/19 5:00:22 PM
#26:


hollow_shrine posted...
DifferentialEquation posted...
It's not a trash analogy and there are also other things to consider. In some cases, medicine doses are determined by modified body weights where the formula is based on the patient's sex. That's an unfair situation to put a doctor in because now they run the risk of seriously upsetting the patient which could cost them their job.

Your analogy is shit for the exact reasons I described in that post. And here I see you're doubling down on it.

OhyLJjz

Kindly, fuck off with this.


https://www.calculator.net/ideal-weight-calculator.html

This is used in medicine.
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CloudChaser462
05/24/19 5:00:31 PM
#27:


Question is, are there any doctors and other health specialists that would deny treatment to transfolk?
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Hanky_Bannister
05/24/19 5:01:38 PM
#28:


hollow_shrine posted...
DifferentialEquation posted...
If transgenderism isn't a doctor's area of expertise, then they shouldn't have to risk making a mistake and getting hit with a malpractice suit. It's the same reason why you shouldn't force an eye doctor to treat someone's heart condition.

What even is this?

Trans people aren't seeking treatment from doctors who aren't able to treat them. The doctors will already tell you what kinds of services they do or don't offer. This analogy is trash, and you knew it before you fixed yourself to come in here and shitlord.

Why are you like this?

Hes a troll

Just ignore
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Malfunction
05/24/19 5:02:03 PM
#29:


Funny how the same people who decry trans people as being mentally ill are simultaneously happy to go along with them being denied medical treatment
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Inferno Dive Dragoon
05/24/19 5:05:52 PM
#30:


CloudChaser462 posted...
Question is, are there any doctors and other health specialists that would deny treatment to transfolk?


I imagine there's quite a few that would in the south.
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HylianFox
05/24/19 5:26:49 PM
#31:


DifferentialEquation posted...
If transgenderism isn't a doctor's area of expertise, then they shouldn't have to risk making a mistake and getting hit with a malpractice suit. It's the same reason why you shouldn't force an eye doctor to treat someone's heart condition.

this is a stretch, even for you
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karlpilkington4
05/24/19 5:28:56 PM
#32:


I dont think doctors should be forced to treat anyone. No other non govt job are people forced to do things like this.
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HylianFox
05/24/19 5:31:54 PM
#33:


karlpilkington4 posted...
and here's comes the rest of the brigade
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EbonTitanium
05/24/19 5:33:22 PM
#34:


Tyranthraxus posted...
Blair White: "No you see this is reasonable because wharglebargle"

I was wondering if she'll mindlessly agree with this.
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Smashingpmkns
05/24/19 5:37:06 PM
#35:


karlpilkington4 posted...
I dont think doctors should be forced to treat anyone. No other non govt job are people forced to do things like this.


I'm glad you're not a doctor.
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QuantumTheory
05/24/19 5:38:36 PM
#36:


hollow_shrine posted...
Antifar posted...
A second duplicitous passage in the new rule is even more alarming. In an ominous tangent regarding Title IX, HHS suggests that merely compelling non-trans students to be around trans students might itself constitute illegal sex discrimination.

Stating the quiet part out loud.


If compelling = forcing then whats the problem?
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karlpilkington4
05/24/19 5:40:02 PM
#37:


Smashingpmkns posted...
karlpilkington4 posted...
I dont think doctors should be forced to treat anyone. No other non govt job are people forced to do things like this.


I'm glad you're not a doctor.


The U.S is either a free country or its not. You act like the majority of doctors would just stop working. Thats literally illogical.
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Trigg3rH4ppy
05/24/19 5:41:18 PM
#38:


Blue_Dream87 posted...
Brown v Board is coming up next

Remember when people said this about Roe vs Wade and redhats acted like those people were crazy?
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Blue_Dream87
05/24/19 5:45:16 PM
#39:


Trigg3rH4ppy posted...
Blue_Dream87 posted...
Brown v Board is coming up next

Remember when people said this about Roe vs Wade and redhats acted like those people were crazy?


Lol yes

Seriously 2020 is gonna be a total shitshow. You can only fuck people over for so long before they do something about it.
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Smashingpmkns
05/24/19 5:47:05 PM
#40:


karlpilkington4 posted...
The U.S is either a free country or its not. You act like the majority of doctors would just stop working. Thats literally illogical.


Smashingpmkns posted...
I'm glad you're not a doctor.

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treewojima
05/24/19 5:49:04 PM
#41:


Blue_Dream87 posted...
Trigg3rH4ppy posted...
Blue_Dream87 posted...
Brown v Board is coming up next

Remember when people said this about Roe vs Wade and redhats acted like those people were crazy?


Lol yes

Seriously 2020 is gonna be a total shitshow. You can only fuck people over for so long before they do something about it.
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It'll take more than oppression of the marginalized to make America change, unfortunately

Hell, even a good chunk of centrists think transgendered folk are icky or otherwise taking things "too far". We have a long way to go
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sktgamer_13dude
05/24/19 5:50:19 PM
#42:


karlpilkington4 posted...
I dont think doctors should be forced to treat anyone. No other non govt job are people forced to do things like this.

This is such a slippery slope.
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PleaseClap
05/24/19 7:57:37 PM
#43:


Chad-Henne posted...
Most lbgt-friendly president ever, etc.

Did...did he lie?
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uwnim
05/24/19 8:04:08 PM
#44:


karlpilkington4 posted...
I dont think doctors should be forced to treat anyone. No other non govt job are people forced to do things like this.

Um, yeah. There are tons of non-government jobs where you cant refuse to serve someone based on something like that.
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treewojima
05/24/19 8:06:36 PM
#45:


uwnim posted...
karlpilkington4 posted...
I dont think doctors should be forced to treat anyone. No other non govt job are people forced to do things like this.

Um, yeah. There are tons of non-government jobs where you cant refuse to serve someone based on something like that.


remember who you're responding to
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Delirious_Beard
05/24/19 8:09:13 PM
#46:


people really still out here responding seriously to DE and karl
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uwnim
05/24/19 10:02:24 PM
#47:


Is Karl just pretending like DE?
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creativerealms
05/24/19 10:04:07 PM
#48:


Liberal tears.
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karlpilkington4
05/24/19 10:34:42 PM
#49:


uwnim posted...
karlpilkington4 posted...
I dont think doctors should be forced to treat anyone. No other non govt job are people forced to do things like this.

Um, yeah. There are tons of non-government jobs where you cant refuse to serve someone based on something like that.


Im talking about in general.
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Questionmarktarius
05/24/19 10:50:52 PM
#50:


When a doctor refuses to, for instance, prescribe hormones to a transgender woman, he is discriminating on the basis of sex:

When a doctor refuses to, for instance, prescribe hormones to a transgender woman, why in the hell is that transgender woman still going to that doctor?

This thing is being overblown anyway. The point is to not compel a doctor to perform procedures he or she doesn't want to do for some reason. We're in that fuzzy area between "i'm not comfortable with this" and "do your fucking job".
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hockeybub89
05/24/19 10:53:12 PM
#51:


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