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DRAFT FOR ATTORNEY REVIEW — NOT FINAL

Section 7

Citation
Section 7
Parent Document
Bostock v. Clayton County, 590 U.S. 644 (2020)
Effective Date
2020-06-15

Other Sections in This Document (1015)

Full Text

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Such claims present difficult religious liberty issues be-
cause some employers and healthcare providers have
strong religious objections to sex reassignment procedures,
and therefore requiring them to pay for or to perform these
procedures will have a severe impact on their ability to
honor their deeply held religious beliefs.
  Freedom of speech. The Court’s decision may even affect
the way employers address their employees and the way
teachers and school officials address students. Under es-
tablished English usage, two sets of sex-specific singular
personal pronouns are used to refer to someone in the third
person (he, him, and his for males; she, her, and hers for
females). But several different sets of gender-neutral pro-
nouns have now been created and are preferred by some in-
dividuals who do not identify as falling into either of the
two traditional categories.58 Some jurisdictions, such as
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claims of discrimination under ACA, Title IX, and Equal Protection
Clause); Tovar v. Essentia Health, 342 F. Supp. 3d 947, 952–954 (D
Minn. 2018) (allowing ACA claim).
   Section 1557 of the ACA, 42 U. S. C. §18116, provides:
   “Except as otherwise provided for in this title (or an amendment made
by this title), an individual shall not, on the ground prohibited under title
VI of the Civil Rights Act of 1964 (42 U. S. C. 2000d et seq.), title IX of
the Education Amendments of 1972 (20 U. S. C. 1681 et seq.), the Age
Discrimination Act of 1975 (42 U. S. C. 6101 et seq.), or section 794 of
title 29, be excluded from participation in, be denied the benefits of, or
be subjected to discrimination under, any health program or activity, any
part of which is receiving Federal financial assistance, including credits,
subsidies, or contracts of insurance, or under any program or activity
that is administered by an Executive Agency or any entity established
under this title (or amendments). The enforcement mechanisms pro-
vided for and available under such title VI, title IX, section 794, or such
Age Discrimination Act shall apply for purposes of violations of this sub-
section.” (Footnote omitted.)
   58 See, e.g., University of Wisconsin Milwaukee Lesbian, Gay, Bisexual,