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Judge Vacates Biden-Era HHS Rule Extending Health-Care Sex Bias Protections to Gender Identity

The nationwide order says HHS went beyond Title IX’s scope as understood in 1972.

Overview

  • U.S. District Judge Louis Guirola Jr. in the Southern District of Mississippi granted summary judgment and vacated HHS’s May 2024 Section 1557 rule nationwide.
  • A 15-state Republican-led coalition led by Tennessee Attorney General Jonathan Skrmetti and Mississippi Attorney General Lynn Fitch brought the challenge.
  • The court concluded that Title IX’s undefined term "sex" must be read in its 1972 context to mean biological sex, finding HHS exceeded its statutory authority.
  • The vacated rule would have barred covered health programs and insurers from denying gender-affirming care that they provide for other purposes, relying on Title IX via the ACA.
  • The regulation had been stayed since July 2024 and never took effect, so immediate operational changes are limited even as the ruling sets a new legal posture that could spur further litigation.