County of Santa Clara and City of Chicago File Amicus Brief on Behalf of 47 Local Governments in Support of Multi-State Coalition Bid to Block the Trump Administration’s Rollback of Nondiscrimination Protections in Healthcare
SANTA CLARA COUNTY, CALIF. (September 17, 2020) — Today, the County of Santa Clara and City of Chicago filed an amicus curiae brief on behalf of a nationwide coalition of 47 local governments defending the rights of vulnerable populations to access healthcare without fear of discrimination. The brief is part of the latest effort to block a Trump Administration rule change to Section 1557 of the Affordable Care Act (ACA) that would eliminate nondiscrimination protections for LGBTQ people in healthcare settings and make it harder for patients with limited English language proficiency to access healthcare. The proposed rule change would similarly impose barriers to reproductive health, endangering public health and imposing significant costs on local governments that operate safety-net healthcare services.
The Trump Administration’s rule, which was scheduled to go into effect on August 18, removes explicit protections against discrimination on the basis of sexual orientation, gender identity, and sex stereotyping. The rule came only a few days after the U.S. Supreme Court’s historic decision holding that discrimination on the basis of gender identity or sexual orientation is unlawful sex-based discrimination. Multiple state governments, private individuals, and legal advocacy groups across the country have challenged the proposed rule change in order to prevent the harms the County and its partners warn against in their brief. This brief marks the second amicus curiae brief led by the County of Santa Clara and City of Chicago in support of those challenges. So far, courts have enjoined only parts of the new rule.
“We find ourselves, once more, in sadly familiar territory, challenging this federal administration on their latest attempt to limit access to healthcare,” said Supervisor Susan Ellenberg. “In this latest iteration, there are attempts being made to block those in this country who are not native English speakers and who are simply looking for reproductive services during their pregnancies – the very people these healthcare systems should be designed to serve. We must demand better and equitable support for our children and families from the beginning of their lives, not limit and/or block access to these supports altogether in the ways that the President is attempting. We cannot let this stand.”
The rule is projected to affect 1.4 million transgender adults and 150,000 transgender teens across the country, including as many as 3,500 transgender patients in Santa Clara County. Similarly, the rule endangers the ability of the more than 25 million people in the country who have limited English proficiency to engage with healthcare providers in a language they can understand, including more than 350,000 people in Santa Clara County with limited English proficiency.
“I’ve said it before and I’ll say it again, denying access to healthcare to advance a political agenda is just plain wrong – pure and simple,” said County Supervisor Joe Simitian, Chair of the County’s Health and Hospital Committee. “When lives are at stake, a person’s primary language or sexual orientation should not be what determines who has access to lifesaving treatments. I would expect nothing less from our County than we push back, and push back hard.”
“The Trump Administration’s rule is an unlawful assault on the most vulnerable among us,” said Santa Clara County Counsel James R. Williams. “Stripping away these protections and imposing these barriers in the midst of a public health crisis is senseless and threatens to further burden those who struggle to access healthcare.”
The amicus curiae brief supports the motion for summary judgment filed by a multi-state coalition of 23 state governments, led by the State of New York, the State of California, and the Commonwealth of Massachusetts. The County’s amicus brief argues that the Final Rule is inconsistent with the Supreme Court’s recent decision in Bostock v. Clayton County, Georgia and would undermine healthcare outcomes for immigrant communities and those in need of reproductive care.
A diverse coalition of local jurisdictions joined the County of Santa Clara and the City of Chicago in the amicus brief. Signatories include: Albuquerque, NM; Alexandria, VA; Austin, TX; Berkeley, CA; Boulder, CO; Cambridge, MA; Carrboro, NC; Central Falls, RI; Columbus, OH; Cook County, IL; Dallas, TX; Dayton, OH; Duluth, MN; Hayward, CA; Holyoke; MA; Howard County, MD; Houston, TX; Iowa City, IA; King County; WA; Los Angeles City, CA; County of Los Angeles, CA; Middletown. CT; Monterey County, CA; New York, NY; Oakland, CA; Palm Springs, CA; Pittsburgh, PA; Portland, OR; Providence, RI; Rockford, IL; San Francisco, CA; Saint Paul, MN; Santa Cruz City, CA; Santa Cruz County, CA; Santa Fe, NM; Santa Monica, CA; Seattle, WA; Shelby County, TN; Somerville, MA; State College, PA; Tacoma, WA; Tempe, AZ; West Hollywood, CA; Wilmington, DE; West Palm Beach, FL.
# # #
About the Santa Clara County Counsel’s Office
The Office of the County Counsel serves as legal counsel to the County of Santa Clara, its Board of Supervisors and elected officials, every County department and agency, and the County’s boards and commissions. With a staff of over 200, the Office is also responsible for all civil litigation involving the County and its officers. Through its Social Justice and Impact Litigation Section, the Office litigates high-impact cases, drafts innovative local ordinances, and develops policies and programs to advance social and economic justice.
About the County of Santa Clara, California
The County of Santa Clara government serves a diverse, multi-cultural population of 1.9 million residents in Santa Clara County, California, making it more populous than 14 states in the U.S. The County provides essential services to its residents, including public health protection, environmental stewardship, medical services through the County of Santa Clara Health System, child and adult protection services, homelessness prevention and solutions, roads, park services, libraries, emergency response to disasters, protection of minority communities and those under threat, access to a fair criminal justice system, and many other public benefits.
About the Social Justice and Impact Litigation Section
The Social Justice and Impact Litigation Section within the Santa Clara County Counsel’s Office litigates high-impact cases, drafts innovative local ordinances, and develops new policies and programs to advance the County’s goal of achieving social and economic justice for all its residents. The Section also defends the County in select cases with the potential to significantly affect the County’s ability to provide critical safety net services to vulnerable residents. The Section is part of a growing movement to use the power and unique perspective of local government to better serve the community and to drive long-lasting change at the local, state, and national levels.
Media Contact: María Leticia Gómez/Laurel Anderson, Office of Communications and Public Affairs, (408) 299-5119, [email protected]
Posted: September 18, 2020