AUSTIN, Texas — The Biden administration did not appeal a recent court loss in Texas regarding federal LGBTQ protections, a decision Attorney General Ken Paxton is celebrating as a win.
On October 1, U.S. District Court Judge Matthew Kacsmaryk declared unlawful two pieces of 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.
Kacsmaryk agreed with Texas that this interpretation was overly broad. He said a recent U.S. Supreme Court ruling protecting gay and transgender workers narrowly dealt with hiring and firing practices, and rejected the argument that sex is “inextricably intertwined” with certain workplace “conduct.”