New York AG: refusing services to transgender patients violates state law despite Trump’s order News
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New York AG: refusing services to transgender patients violates state law despite Trump’s order

New York Attorney General Letitia James warned New York hospitals Monday that complying with President Trump’s executive order “protecting” individuals from gender-affirming care violates New York law.

James reminded New York hospitals in a letter Monday that:

Electing to refuse services to a class of individuals based on their protected status, such as withholding the availability of services from transgender individuals based on their gender identity or their diagnosis of gender dysphoria, while offering such services to cisgender individuals, is discrimination under New York law.

The letter referenced two New York laws in the letter where hospitals could be found liable. First, section 296D of New York Executive Law states that “unlawful discriminatory practice for an employer to permit unlawful discrimination against non-employees in its workplace.” Second, Article 4 of New York Civil Rights Law states that all persons in the jurisdiction of New York shall be given equal protection of the law. Further, no person shall because of race, creed, color, national origin, sex, marital status, sexual orientation, gender identity or expression, or disability, be subject to discrimination of his or her civil rights. 

Donald J. Trump’s executive order, which took effect January 28, is aimed at ending reliance on the World Professional Association for Transgender Health that states that gender-affirming care is a medical necessity. The executive order also defunds grants to organizations that research gender-affirming care. The Department of Defense-funded TRICARE will cease covering gender-affirming care for minors. Other provisions have been given to insurance companies. The Attorney General shall create a private right of action for children and families who have received surgical gender-affirming care, which will have a lengthy statute of limitations. 

The executive order is one of many controversial orders that Trump signed on his first day in office. Apart from this order, Trump has also sought to remove birthright citizenship of the children of immigrants in the country illegally and residents with temporary visas. The order is now facing at least three legal challenges from four states, Attorney Generals from 22 states and rights groups Human Rights Watch decried these orders as threatening human rights “both in the US and abroad.”