HHS formalizes non-enforcement of Section 1557's gender-identity protections after Tennessee v. Kennedy vacatur
- Date
- Actor
- HHS Office for Civil Rights and CMS
- Agency
- Centers for Medicare & Medicaid Services (CMS)
- Type
- Guidance/memo (notification of court decision)
Summary
HHS published a "Notice of Vacatur" (91 FR, doc. 2026-11015) informing the public that on October 22, 2025 the Southern District of Mississippi in Tennessee v. Kennedy vacated the provisions of the 2024 Section 1557 rule that "expand Title IX's definition of sex discrimination to include gender-identity discrimination," and stating that OCR and CMS "cannot and will not enforce the vacated provisions." The notice cements, as formal agency position, that HHS will not investigate gender-identity discrimination complaints in health programs under Section 1557.
Status
In effect; the vacated provisions are void nationwide and unenforced. Remaining (non-gender-identity) 1557 provisions continue in force. (See also section 10.)
As recorded in the data of . Check the sources for anything newer.
Related litigation
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Related case
CourtListener docket 69136499
Documents
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Notice of Vacatur Regarding Certain Provisions of the 2024 Nondiscrimination in Health Programs and Activities Final Rule, 91 Fed. Reg. 32,887 (June 2, 2026).
Sources
- leadingage.org/hhs-no-longer-enforcing-prohibition-against-gender-identity-disc…(opens another site)
- federalregister.gov/documents/2026/06/02/2026-11015/notice-of-vacatur-regarding…(opens another site)
Cite this action
Notice of Vacatur Regarding Certain Provisions of the 2024 Nondiscrimination in Health Programs and Activities Final Rule, 91 Fed. Reg. 32,887 (June 2, 2026).
Short form: 91 Fed. Reg. at 32,887.