​The American Cancer Society Cancer Action Network (ACS CAN) and American Cancer Society (ACS), along with other public health groups, are applauding the U.S. Court of Appeals for the Fifth Circuit for upholding the non-discrimination provision of the Affordable Care Act (ACA) in the case of Neese v. Becerra. The court vacated a lower court ruling based on the plaintiffs’ lack of standing in the case, which challenged protections in the ACA for Lesbian, Gay, Bisexual, Transgender and Queer (LGBTQ+) patients receiving health care services. 

The case was appealed after a district court ruled that section 1557 of the ACA does not prevent discrimination based on sexual orientation and gender identity, but rather only protects individuals based on the sex they were assigned at birth. 

In April 2023, the groups, which represent millions of people with serious and chronic health conditions and disabilities, filed an amicus brief. In the brief, they underscored that LGBTQ+ patients already face significant health disparities, and that upholding the lower court ruling, which would have limited protections for LGBTQ+ individuals against discrimination, would widen these disparities and lead to worse health outcomes. 

Following is the groups’ joint statement: 
“On behalf of the millions of people across the United States with serious and chronic health conditions and disabilities, we thank the Fifth Circuit for putting patients first and vacating the U.S. District Court ruling that would limit anti-discrimination protections for LGBTQ+ individuals as intended under the ACA. 

“Everyone should be able to access health care quickly and without fear of discrimination. LGBTQ+ people already face substantial health disparities due to barriers to care, including discrimination. A recently released American Cancer Society report noted that the greatest health disparity faced by LGBTQ+ people is perhaps the presumption-of-care gap, which is the fear that a provider will refuse care because of gender identity or sexual orientation. 

“According to surveys from the American Cancer Society Cancer Action Network and the Center for American Progress, LGBTQ+ patients have reported delaying or forgoing care because of fears and concerns about discrimination. A comprehensive 2020 survey study showed that transgender men and women especially are more likely to report postponement of health care utilization due to fear of discrimination, as well as to have experienced discrimination in the health care setting. The increased levels of stress related to discrimination has resulted in poorer health outcomes among LGBTQ+ people and can directly contribute to increased risk of chronic disease like heart disease or cancer. 

“All people regardless of their race, color, national origin, gender identity, sexual orientation, age or disability should have equal access to timely, quality, comprehensive health care without discrimination. We thank the Fifth Circuit for preserving these patient protections as Congress intended under the law.”

The statement was co-signed by 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 LGBTQI+ 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. 

Like and share ACS CAN President Lisa Lacasse’s post on X about the ruling.