Professor Valarie Blake Publishes New Article in California Law Review Online

West Virginia University College of Law professor Valarie Blake recently published a new article in the California Law Review Online. The article, "Sex Discrimination in Healthcare: Section 1557 and LGBTQ Rights After Bostock", was co-authored with Amy Post (3L) and Ashley Stephens (2L) and appears in volume 11 of the journal.

From the abstract:

Section 1557 of the Affordable Care Act (“ACA”) banned sex discrimination in health care. In June of 2020, however, the Trump administration finalized a rule that explicitly removed sexual orientation and gender identity from Section 1557’s safeguards. That same month, the Supreme Court held that sexual orientation and gender identity discrimination are forms of sex discrimination for purposes of Title VII employment discrimination in Bostock v. Clayton County. Following the Court’s decision in Bostock, this Article argues that sex discrimination under Section 1557 necessarily encompasses gender identity and sexual orientation discrimination.

Read more of Professor Blake's scholarship on SSRN.