Second court stops Biden from forcing doctors and hospitals to perform trans surgeries, even if they oppose it
A Texas federal court blocked a controversial Biden administration policy known as the transgender warrant, which would require religious doctors and hospitals to perform gender transition procedures on their patients, including children, even when the procedures can be medically harmful.
The case of FAlliance ranciscan v. Becerra was brought by a religious hospital, an association of more than 20,000 health professionals and nine states, and it is now the second court ruling preventing the administration from implementing the policy.
In Monday’s ruling, Judge Reed O’Connor of the U.S. District Court for the North Texas District, Wichita Falls Division, granted a permanent injunction to Christian plaintiffs “to be exempted from the government’s obligation to perform abortions. and gender transition procedures. . “
The ruling also permanently bars Health and Human Services Secretary Xavier Becerra “from interpreting or applying” current law “in a way that would require them to carry or provide insurance coverage for them. gender transition procedures or abortions, including denying federal financial assistance because of their inability to perform or provide insurance coverage for such procedures or by pursuing, charging or assessing penalties, fines, assessments, investigations or other enforcement actions. “
“Today’s decision is a victory for compassion, conscience and common sense,” said Luke Goodrich, vice president and senior advisor to the religious freedom legal organization called Becket. “No physician should be forced to perform controversial procedures, without medical support, which are contrary to their conscience and could be profoundly harmful to their patients.”
*** Please sign up for CBN newsletters and download the CBN News app to ensure you continue to receive the latest news from a distinctly Christian perspective. ***
Dr. Ryan T. Anderson, president of the Center for Ethics and Public Policy in Washington, DC, retweeted Goodrich’s tweet with the news of this second Federal Court ruling blocking the transgender mandate of the Biden administration.
“The same judge who struck down Obama’s #TransgenderMandate has now struck down the Biden #TransgenderMandate. There shouldn’t be any #TransgenderMandate at all,” Anderson noted.
– Ryan T. Anderson (@RyanTAnd) August 9, 2021
As reported by CBN News, in 2016, the administration of former President Barack Obama issued a warrant that applied to almost every doctor in the country – interpreting the Affordable Care Act to require them to perform gender transition procedures on any patient, including children, even if the doctor believed the procedure could harm the patient. Doctors who refused to violate their medical judgment would face serious consequences, including financial penalties and private prosecution.
Several religious organizations and states sued the federal government, challenging the legality of the mandate in several courts. In 2016, a federal court in North Dakota suspended the rule and in 2019, another federal court in Texas overturned it.
As CBN News reported in April, the Biden administration announced it would file an appeal to revive Obama’s transgender tenure policy. Monday’s decision stops that attempt, according to Becket.
“These religious doctors and hospitals provide top-notch medical care to all patients for everything from cancer to the common cold,” Goodrich said of the most recent decision. “Everyone benefits when doctors are able to follow their professional medical judgment and their Hippocratic Oath of No Harm. ”
Last spring, the lawyer denounced Biden’s appeal, noting that the transgender warrant not only threatens religious doctors and hospitals, but it also threatens patients, and there is substantial evidence showing that some gender transition procedures can be deeply damaging.
Goodrich also explained that several federal courts have come to the same conclusion: “There is no medical consensus that sex reassignment surgery is a necessary or even effective treatment for gender dysphoria.” Gibson v. Collier, 920 F.3d 212, 223 (5th Cir. 2019).
“The government’s own doctors during the Obama administration agreed:” Based on a careful review of the clinical evidence … there is not enough evidence to determine if sex reassignment surgery improves outcomes health benefits for patients with gender dysphoria, ”he writes.
Goodrich also pointed to a study commissioned by NHS England that found “very weak” evidence for the effectiveness of “puberty blockers” and cross-sex hormones.
The Biden administration will have 60 days to decide whether to appeal the court ruling.