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Case Name Boston Alliance of Gay, Lesbian, Bisexual and Transgender Youth (BAGLY) v. U.S. Department of Health and Human Services PB-MA-0013
Docket / Court 1:20-cv-11297 ( D. Mass. )
State/Territory Massachusetts
Case Type(s) Public Benefits / Government Services
Attorney Organization National Women's Law Center
Case Summary
This case is about a regulation promulgated by the United States Department of Health and Human Services (HHS) affecting protections against discrimination in healthcare on the basis of sex, which were created by the Affordable Care Act.

In 2010, Congress passed the Affordable Care Act ... read more >
This case is about a regulation promulgated by the United States Department of Health and Human Services (HHS) affecting protections against discrimination in healthcare on the basis of sex, which were created by the Affordable Care Act.

In 2010, Congress passed the Affordable Care Act to increase the number of Americans with health insurance and to decrease the cost of healthcare. One provision in the law, Section 1557, aimed to protect against various forms of discrimination in healthcare and health insurance, including discrimination on the basis of sex. In 2016, HHS issued a regulation to clarify that Section 1557’s prohibition of sex discrimination included discrimination on the basis of pregnancy, false pregnancy, termination of pregnancy, childbirth, sex stereotyping, and gender identity. In June 2020, HHS promulgated a regulation to eliminate the 2016 rule’s definition of sex discrimination and sought to incorporate religious exemptions. The plaintiffs in this case claimed that the rescission of the broad definition of sex discrimination created by the 2016 rule would result in harm to transgender individuals.

The Boston Alliance of Gay, Lesbian, Bisexual and Transgender Youth, joined by several other LGBTQ+ support organizations, two private healthcare facilities providing services to LGBTQ+ people, and a transgender man needing access to medical treatment, brought this lawsuit on July 9, 2020 in the U.S. District Court for the District of Massachusetts against the United States Department of Health and Human Services and three of its individual agents. The plaintiffs sued under the Administrative Protection Act, seeking both declaratory and injunctive relief. The plaintiffs sought to vacate the new regulation and to delay the effective date of the regulation. In addition, they sought both preliminary and permanent injunctions to prevent the rule from taking effect. The plaintiffs requested a declaration that the regulation was unconstitutional under the Fifth Amendment.

The case was assigned to Judge Patti B. Saris. The case is ongoing.

Nicholas Gillan - 09/18/2020


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Issues and Causes of Action
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Issues
Constitutional Clause
Due Process: Substantive Due Process
Equal Protection
Defendant-type
Hospital/Health Department
Discrimination-area
Medical Exam / Inquiry
Discrimination-basis
Gender identity
Language discrimination
Pregnancy discrimination
Sex discrimination
General
Abortion
Gay/lesbian/transgender
Medical/Mental Health
Reproductive health care (including birth control, abortion, and others)
Plaintiff Type
Non-profit NON-religious organization
Private Plaintiff
Causes of Action Administrative Procedure Act, 5 U.S.C. §§ 551 et seq.
Defendant(s) United States Department of Health and Human Services
Plaintiff Description A transgender man who regularly needs to access medical treatment,and who uses health insurance coverage; two private healthcare facilities that provide healthcare services to LGBTQ+ people; and four organizations that provide a wide range of services, such as facilitating access to healthcare for the LGBTQ+ community
Indexed Lawyer Organizations National Women's Law Center
Class action status sought No
Class action status outcome Not sought
Filed Pro Se No
Prevailing Party None Yet / None
Public Int. Lawyer Yes
Nature of Relief None yet
Source of Relief None yet
Filed 07/09/2020
Case Ongoing Yes
Additional Resources
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  See this case at CourtListener.com (May provide additional documents and, for active cases, real-time alerts)
Court Docket(s)
D. Mass.
09/11/2020
1:20-cv-11297-PBS
PB-MA-0013-9000.pdf | Detail
Source: PACER [Public Access to Court Electronic Records]
General Documents
D. Mass.
07/09/2020
Complaint [ECF# 1]
PB-MA-0013-0001.pdf | Detail
Source: PACER [Public Access to Court Electronic Records]
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Judges Saris, Patti B. (D. Mass.) show/hide docs
PB-MA-0013-9000
Plaintiff's Lawyers Alekseyeva, Kristina (New York) show/hide docs
PB-MA-0013-0001 | PB-MA-0013-9000
Banker, Michelle (District of Columbia) show/hide docs
PB-MA-0013-0001 | PB-MA-0013-9000
Bautz, Peter William (New York) show/hide docs
PB-MA-0013-0001 | PB-MA-0013-9000
Brown, David (New York) show/hide docs
PB-MA-0013-0001 | PB-MA-0013-9000
Caraballo, Alejandra (New York) show/hide docs
PB-MA-0013-0001 | PB-MA-0013-9000
Chandy, Sunu P. (District of Columbia) show/hide docs
PB-MA-0013-0001 | PB-MA-0013-9000
Chapman, Eric (District of Columbia) show/hide docs
PB-MA-0013-0001 | PB-MA-0013-9000
Costello, Kevin (Massachusetts) show/hide docs
PB-MA-0013-0001 | PB-MA-0013-9000
Datla, Kirti (District of Columbia) show/hide docs
PB-MA-0013-0001 | PB-MA-0013-9000
Egyes, Lynly (New York) show/hide docs
PB-MA-0013-0001 | PB-MA-0013-9000
Ellsworth, Jessica Lynn (District of Columbia) show/hide docs
PB-MA-0013-0001 | PB-MA-0013-9000
Gorodetsky, Lauren (District of Columbia) show/hide docs
PB-MA-0013-0001 | PB-MA-0013-9000
Kettlewell, William H (Massachusetts) show/hide docs
PB-MA-0013-0001 | PB-MA-0013-9000
Lewis, Noah (New York) show/hide docs
PB-MA-0013-0001 | PB-MA-0013-9000
Mason, Dorianne (District of Columbia) show/hide docs
PB-MA-0013-0001 | PB-MA-0013-9000
Melchert, Dale (California) show/hide docs
PB-MA-0013-0001 | PB-MA-0013-9000
Sagar, Jo-Ann (District of Columbia) show/hide docs
PB-MA-0013-0001 | PB-MA-0013-9000
Tomazic, Maryanne I (Massachusetts) show/hide docs
PB-MA-0013-9000
Defendant's Lawyers Holland, Liam (District of Columbia) show/hide docs
PB-MA-0013-9000

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