Coverage for “Gender-Affirming” Care Losing Favor

Recent court decisions – one in a district court and one in a circuit court – have removed some protections for “gender-affirming” care. The two decisions involved different federal statutes but arrived at the same ultimate decision – that gender and gender identity/sexual orientation are not the same and thus that denying “gender-affirming” care does not constitute discrimination on the basis of sex under the ACA or Title VII.