Biden administration doesn’t appeal Texas court loss on LGBTQ protections

The Biden administration did not appeal a recent court loss in Texas regarding federal LGBTQ protections, a decision Attorney General Ken Paxton is celebrating as a win. On October 1, U.S. District Court Judge Matthew Kacsmaryk declared unlawful two pieces of federal guidance: one that said the Affordable Care Act protects transgender patients’ access to gender-affirming care; and another that said employment protections for gay and transgender workers extend to policies like dress code, as well as what pronouns and bathrooms they use. Kacsmaryk agreed with Texas that this interpretation was overly broad. He said a recent U.S. Supreme Court ruling protecting gay and transgender workers narrowly dealt with hiring and firing practices, and rejected the argument that sex is “inextricably intertwined” with certain workplace “conduct.” While federal guidance is not meant to be legally binding, the ruling noted that the Biden administration said Texas could face penalties for not protecting gender-affirming care.

The U.S. Department of Justice could have appealed Kacsmaryk’s decision but didn’t do so before the deadline, which according to federal rules is 60 days after judgment. Experts said the lack of an appeal won’t have an immediate and direct effect on LGBTQ rights here, and expect the administration has another legal strategy in the works to reinstate these same protections. But Paxton, a Republican who has long opposed LGBTQ rights, noted his win in a press release Tuesday that accused the president of giving up on the case. “Biden’s failure to appeal by the deadline means this victory is now secure — Texas employers and employees will not be forced to have workplaces infused with woke gender theories, and Texas children will be safe from the Biden Administration’s so-called sexual orientation and gender identity agenda,” he said in a statement. Representatives with the White House and the Justice Department did not answer questions about the case. The Equal Employment Opportunity Commission, which issued the employment guidance, referred comment to the Department of Health and Human Services, which did not respond to requests for comment.