South Dakota’s Attorney General joins a coalition challenging a Biden Administration rule that would preempt the state’s ban on gender-affirming care.
The rule adds protections to the Affordable Care Act that prevents health care providers that discriminate against gender or sexual orientation from receiving federal funding as payment.
Attorney General Marty Jackley is joining colleagues in Missouri, Utah, North Dakota, Iowa, Idaho, and Arkansas in arguing the rule conflicts with states’ restrictions on gender-affirming care for minors.
The ACLU opposes the effort.
"This case isn't just about gender-affirming health care. It's about the legacy of discrimination and devaluation and a rejection of our shared humanity in our state," said Samantha Chapman, ACLU of South Dakota advocacy manager.
The ACLU said another suit Jackley joined against the U.S. Department of Education's updated Title IX regulations is also discriminatory.
