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Legislation & Policy

California Senate Bill 703

On October 7, 2015, California Governor Jerry Brown signed a landmark bill that protects transgender people who work for companies doing business with state agencies.

Senate Bill 703, authored by California State Senator Mark Leno, prohibits state agencies from entering into a contract in the amount of $100,000 or more with a contractor who discriminates in the provision of benefits based on an employee’s gender identity.

SB 703, which went into effect on January 1, 2016, expands existing enforcement provisions in California contracting law by adding requirements that the Department of General Services provide a web based database listing all contracts subject to this provision, and establish a method for receiving, investigating, and resolving complaints of non-compliance.

SB 703 levels the playing field in state contracting between in-state and out-of-state companies while also ensuring that state tax dollars are used in a cost-effective manner and do not go to companies that discriminate.

The bill was co-sponsored by NCLR, Equality California, and the Transgender Law Center.

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Cases & Advocacy

B.H., a transgender boy

When B.H. was in second grade, his peers began bullying and ostracizing him because he’s transgender. Worse, some parents organized a campaign to force the school district to stop treating B.H. as male, and to prohibit him from using the boys’ restroom. It didn’t take long before B.H. began showing significant psychological distress and his mom asked NCLR for help. NCLR worked with the school district to safeguard B.H.’s right to learn in a safe and welcoming environment.

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Cases & Advocacy

Stormans v. Selecky Amicus

In 2007, The Washington State Board of Pharmacy began requiring that pharmacists provide patients with prescribed medications if those medications are in stock. Additionally, pursuant to a long-standing rule governing which medications a pharmacy should have on its shelves, pharmacies would have to begin stocking Plan B, a prescription contraceptive. A pharmacy and two pharmacists sued the Washington State Board of Pharmacy alleging that its rules violated their religious liberty.

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Legislation & Policy

Patient Protection and Affordable Care Act

The 2010 Patient Protection and Affordable Care Act (ACA) has been a critical piece of legislation for expanding access to health care, including for the LGBTQ community. One of its critical features is a statutory prohibition on discrimination in health care based on sex. NCLR advocated extensively with the U.S. Department of Health and Human Services (HHS), the federal agency that enforces these protections, to ensure that sexual orientation and gender identity are included within the scope of the ACA nondiscrimination rule. In 2016, HHS issued a rule specifying that it would indeed interpret the nondiscrimination provision as covering LGBTQ people.

Unfortunately HHS under the Trump administration has taken a different view, and is in the process of seeking to change the regulations to take away some of the explicit protections for sexual orientation and gender identity. NCLR filed extensive comments in the record opposing these changes and is continuing to monitor developments in this area.

It is important to note that while HHS can make changes to its regulations, it cannot change the underlying statute, which still contains the prohibition against sex discrimination. Some courts have interpreted the statute to include sexual orientation and gender identity regardless of what HHS does. If you experience discrimination in health care due to your sexual orientation or gender identity you still have the ability to take legal action.

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Legislation & Policy

Medicare for All

On February 27, 2019, Representative Pramila Jayapal (WA) introduced the Medicare for All Act of 2019 (H.R.1384/S.1804) to establish a national health insurance program to combat the high costs of healthcare and health-related services for all U.S. residents. The Medicare for All Act would provide guaranteed access to affordable healthcare for all persons living in the U.S. Establishing an universal healthcare system is a top priority for LGBTQ people, because they are less likely to have health insurance than non-LGBTQ people.

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Cases & Advocacy

Annie F. and Lyndy R.

Annie and Lyndy had been together for nearly thirteen years when Annie suffered a debilitating stroke. About ten years later, Annie entered hospice care while Lyndy continued to care for her. Despite legal documents designating Lyndy as the person responsible to make medical decisions for her, a state entity removed Annie from her shared home with Lyndy and petitioned for a public guardian.

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