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Opinion

2020 rulings bring renewed hope for health care equality

When the U.S. Supreme Court issued its ruling in June affirming that federal law prohibiting discrimination based on sex also protects LGBTQ Americans from workplace discrimination, I knew the decision was monumental. But I didn’t fully realize how much of an impact it would have on other areas of daily life. For example, since then, a federal appeals court cited the decision in a ruling protecting transgender students from discrimination in schools, and another applied the order in a case about trans-inclusive healthcare nondiscrimination protections.

Both decisions are a breath of fresh air, giving transgender folks like me a modicum of relief amid growing stresses, health concerns, and the anxieties provoked and exacerbated by the COVID-19 pandemic.

No doubt about it: The Supreme Court’s decision regarding LGBTQ employment protections provided renewed hope for Congress to finally meet its responsibility and finish the job by passing comprehensive nondiscrimination protections for LGBTQ people.

The transgender healthcare ruling was especially significant for me. When I considered a gender identity transition several years ago, I wanted a doctor who was knowledgeable about treating LGBTQ people and who would affirm me – and I did! I located a great doctor who had founded a transgender health care group and was well known in my community. Working with him, my transition-related care went smoothly. I’m grateful for that – because I know it’s often not that simple.

Last year I moved to a rural community, Waynesville, NC, to live with my partner. I knew it might be more challenging to find primary care, so I asked for recommendations for LGBTQ-friendly providers and again was fortunate to find a supportive doctor. Though they are quite a distance away, I’m grateful to have a medical caregiver I can count on.

I know several people who’ve had doctors turn them away after they shared that they are transgender. Or they’ve had primary care doctors say that care for transgender people isn’t their “expertise” or they don’t handle “cases like that.”

There are too many examples of this sort of mistreatment to name – but these incidents, however small they may seem, are crushing: They often result in LGBTQ people being afraid to go to the doctor, even for basic primary care. Why? Because we’re afraid of how we’ll be treated or that we’ll be turned away – and a lack of nondiscrimination protections at the state and federal level underline for us our particular vulnerability.

As someone with asthma, I’m in a higher risk group for COVID-19, so this is at the forefront of my mind. Right now, all Americans can relate to how scary it is not knowing if you’re going to be able to get the treatment you need when you need it. It is so critical, especially now, to have a medical provider you can trust and with whom you are comfortable.

The unfortunate reality is that North Carolina still doesn’t have statewide nondiscrimination protections for LGBTQ people. Passing inclusive legislation would be an easy and immediate way to assure LGBTQ people like me that the law is on our side and that no one can turn us away from renting or buying a place to live, or seeking basic healthcare, or getting an education just because of who we are or who we love.

I’m grateful for the Supreme Court decision protecting LGBTQ people from workplace discrimination and hopeful for the far-reaching impacts it’s already had for LGBTQ people. But the truth is the only way LGBTQ people can be fully protected from discrimination is by Congress passing comprehensive federal protections. LGBTQ people have fought for far too long for basic dignity and humanity – and now, it’s time for Congress to act and correct this long-time injustice.

Artie Hartsell works as an Advocacy Strategist with Equality North Carolina and Faith in Public Life. He can be reached at artie@equalityNC.org.

This story was originally published December 22, 2020 at 7:53 AM.

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