Morrison Foerster Files Amicus Brief to Prevent Discrimination Against LBGTQ+ Patients

Morrison Foerster filed an amicus brief in the U.S. Court of Appeals for the Fifth Circuit for more than a dozen patient groups arguing for preservation of protections in the Affordable Care Act (ACA) for Lesbian, Gay, Bisexual, Transgender and Queer (LGBTQ+) patients receiving health care services.

In November 2022, U.S. District Court Judge Matthew Kacsmaryk ruled that section 1557 under the ACA does not prevent discrimination on the basis of sexual orientation and gender identity. If allowed to stand, the sweeping decision would greatly reduce the rights of LGBTQ+ individuals in the delivery of health care services. 

In the amicus brief filed in Neese v. Becerra, the patient groups show that LGBTQ+ patients already face significant health disparities. And, the brief argues, affirmance of the lower court ruling taking away ACA anti-discrimination protections would widen these existing gaps, leading to worse health outcomes. 

Joseph Palmore, partner and co-chair of Morrison Foerster’s Appellate and Supreme Court practice, and Seth Lloyd, associate in the firm’s Appellate and Supreme Court practice, filed the brief pro bono on behalf of patient groups including the American Cancer Society, American Cancer Society Cancer Action Network, Cancer Support Community, CancerCare, Crohn’s & Colitis Foundation, Cystic Fibrosis Foundation, Epilepsy Foundation, Hemophilia Federation of America, Judge David L. Bazelon Center for Mental Health Law, National LGBT Cancer Network, National Multiple Sclerosis Society, National Patient Advocate Foundation, National Organization for Rare Disorders, The AIDS Institute, The Leukemia & Lymphoma Society, The Susan G. Komen Breast Cancer Foundation, Inc., and WomenHeart: The National Coalition for Women with Heart Disease.  

Read the American Cancer Society press release here and a copy of the amicus brief here.