The American Civil Liberties Union and ACLU of Texas filed a motion to intervene in a case brought by a group of states and religiously affiliated health care organizations against the federal government. 

The group is challenging a section of the Affordable Care Act (ACA) that prohibits health care providers from discriminating based on race, national origin, sex, age or disability. They requested a court order permitting certain discrimination based on groups’ “sincerely held religious beliefs.” This lawsuit aimed to undermine critical anti-discrimination protections in health care, especially for people who are transgender and who need access to abortion care.

To view, download, and save legal documents associated with this case, please visit ACLU National.

Update 10/15/19: The judge in the case granted the plaintiffs’ request to temporarily prohibit the U.S. Department of Health and Human Services (HHS) from enforcing its anti-discrimination regulation based on gender identity and people seeking abortion care. Based on HHS’s statements that their regulation was being reconsidered, the case was paused for a year and a half. Once the case reopened, the ACLU filed a new motion to intervene on February 1, 2019. The district court granted this motion on October 15, 2019, but also entered a final judgement invalidating the regulation of the Affordable Care Act that prohibits discrimination based on gender identity and reproductive freedom. Aspects of this judgement are currently on appeal.

Date filed

August 23, 2016


U.S. District Court, Northern District of Texas


On appeal

Case number