Although section 1557 of the Affordable Care Act outlaws sex discrimination in healthcare, its statutory language does not by itself articulate which actions may give rise to cognizable claims of discrimination. Further, the final rule implementing section 1557 confirms the recent trend in which courts recognize that anti-transgender discrimination is inherently discrimination "on the basis of sex." This Article stands at the crossroads of these two doctrinal developments, and articulates what sorts of theories of discrimination are cognizable for transgender plaintiffs under the Affordable Care Act. It does so by looking to the text of the statute and final rule, as well as reasoning by analogy from existing antidiscrimination law.
"Trans/Forming Healthcare Law: Litigating Antidiscrimination Under the Affordable Care Act,"
Yale Journal of Law & Feminism: Vol. 28
, Article 1.
Available at: http://digitalcommons.law.yale.edu/yjlf/vol28/iss2/1