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Friday, October 6, 2017

Tragic Health Care Discrimination Case Sheds Light on the Future of Anti-Discrimination Measures

The loss of a child by suicide is like an earthquake: devastating anyone at the epicenter, and sending shockwaves through the world at large.

A child’s suicide is always tragic — but even more so in cases when we know that, if it weren’t for anti-transgender hostility, that child could have gotten the help they needed. Kyler Prescott’s story is one such case. Kyler was a victim of illegal discrimination at Rady Children’s Hospital, and his mother Katharine has gone to court on his behalf.

Katharine’s lawsuit, brought by advocates at the Transgender Law Center and the National Center for Lesbian Rights, claims that the hospital violated Section 1557 of the Affordable Care Act, which bars sex discrimination by most health providers (like hospitals and clinics) and insurance companies. This law doesn’t explicitly mention transgender people, but the vast majority of courts that have looked at the issue have said that sex discrimination includes anti-transgender discrimination — and last Wednesday, the District Court for the Southern District of California agreed and allowed Katharine’s lawsuit to go forward.

Read more at NCTE's Medium page.

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