Document Type


Publication Date



WVU College of Law


Section 1557 of the Affordable Care Act (“ACA”) banned sex discrimination in health care. In June of 2020, however, the Trump administration finalized a rule that explicitly removed sexual orientation and gender identity from Section 1557’s safeguards. That same month, the Supreme Court held that sexual orientation and gender identity discrimination are forms of sex discrimination for purposes of Title VII employment discrimination in Bostock v. Clayton County. Following the Court’s decision in Bostock, this Article argues that sex discrimination under Section 1557 necessarily encompasses gender identity and sexual orientation discrimination.

Original Publication Title

California Law Review Online

Source Citation

Amy Post, Ashley Stephens, and Valarie K. Blake, Sex Discrimination in Healthcare: Section 1557 and LGBTQ Rights After Bostock, 11 California Law Review Online 545 (2021).


This article is included in the Research Repository @ WVU with the permission of the California Law Review Online.


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