BAGLY v. USDHHS

Civil Action No. 20-11297-PBS.

557 F.Supp.3d 224 (2021)

BOSTON ALLIANCE OF GAY, LESBIAN, BISEXUAL AND TRANSGENDER YOUTH (BAGLY); Callen-Lorde Community Health Center; Campaign for Southern Equality; Darren Lazor; Equality California; Fenway Health; Indigenous Women Rising; No/Aids Task Force (d/b/a CrescentCare); and Transgender Emergency Fund of Massachusetts, Plaintiffs, v. UNITED STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES; Xavier Becerra, in His Official Capacity as Secretary of the U.S. Department of Health and Human Services; Robinsue Frohboese, in Her Official Capacity as Acting Director, Office for Civil Rights, U.S. Department of Health and Human Services; and Chiquita Brooks-Lasure, in Her Official Capacity as Administrator for the Centers for Medicare and Medicaid Services, U.S. Department of Health and Human Services, Defendants.

United States District Court, D. Massachusetts.

Filed August 18, 2021.


Attorney(s) appearing for the Case

Alejandra Caraballo , Pro Hac Vice, David Brown , Pro Hac Vice, Noah Lewis , Pro Hac Vice, Transgender Legal Defense & Education Fund, Kristina Alekseyeva , Pro Hac Vice, Peter William Bautz , Pro Hac Vice, Hogan Lovells US LLP, New York, NY, Dale Melchert , Pro Hac Vice, Transgender Law Center, Oakland, CA, Dorianne Mason , Pro Hac Vice, Lauren Gorodetsky , Pro Hac Vice, Michelle Banker , Pro Hac Vice, Sunu Chandy , Pro Hac Vice, National Women's Law Center, Erin Chapman , Pro Hac Vice, Jessica L. Ellsworth , Jo-Ann Sagar , Pro Hac Vice, Kirti Datla , Pro Hac Vice, Hogan Lovells US LLP, Washington, DC, Kevin Costello , Klein Kavanagh Costello, LLP, William H. Kettlewell, Hogan Lovells US LLP, Boston, MA, Lynly Egyes , Pro Hac Vice, Transgender Law Center, Brooklyn, NY, Maryanne I. Tomazic , Pro Hac Vice, Center for Health Law and Policy Innovation, Cambridge, MA, for Plaintiffs Boston Alliance of Gay, Lesbian, Bisexual and Transgender Youth (BAGLY), Callen-Lorde Community Health Center, Campaign for Southern Equality, Darren Lazor, Equality California, Fenway Health, Transgender Emergency Fund of Massachusetts.

Kevin Costello , Klein Kavanagh Costello, LLP, William H. Kettlewell , Hogan Lovells US LLP, Boston, MA, for Plaintiffs Indigenous Women Rising, NO/AIDS Task Force.

Liam C. Holland , United States Department of Justice, Civil Division, Washington, DC, for Defendants.


MEMORANDUM AND ORDER

INTRODUCTION

Plaintiffs challenge a final rule promulgated by the United States Department of Health and Human Services ("HHS") entitled Nondiscrimination in Health and Health Education Programs or Activities, 85 Fed. Reg. 37,160 (June 19, 2020) (...

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