A federal appeals court on Friday overturned a Biden administration law that forced doctors to perform medical procedures, including gender transition procedures, contrary to religious beliefs.
The U.S. Court of Appeals for the Fifth Circuit unanimously upheld the lower court decision in Franciscan League v. Becerra, which protected approximately 19,000 medical professionals in the Catholic medical network, the Franciscan League, from unconscionable medical practice. did.
The lower court’s ruling made it permanent that the U.S. Department of Health and Human Services (HHS) “requires that sex reassignment surgery or abortion be performed in violation of the religious beliefs of the Franciscan Alliance in good faith.” was prohibited.
Beckett, an attorney representing the Franciscan Alliance, said the court explained that permanent protection from the courts was appropriate for health care workers.
“This ruling is a major victory for the rights of conscience and compassionate medicine in America.” Becket’s attorney, Joseph Davis, said in a statement: “Physicians cannot do their job or follow the Hippocratic Oath if the government requires them to perform harmful and irreversible procedures that are contrary to their conscience and medical expertise. ”
The court noted that the Biden administration claimed Co-appellants, the ACLU, cited earlier lawsuits that run counter to their allegations, although they have more opportunities to show why religious health care providers need to participate in sex reassignment surgery, according to court documents (pdf). .
“For years, our clients have provided excellent medical care to every patient who needed it.” Davis said. “Today’s ruling ensures that these doctors and hospitals can continue in this important work in accordance with their conscience and professional medical judgment.”
delegation
The directive was first issued six years ago as part of the Affordable Care Act, commonly known as Obamacare. Beckett said that this is “Almost every doctor in the country. “
Section 1557 of Obamacare prohibits health care programs that receive federal funding from discriminating against patients based on their gender.
In May 2016, HHS issued a rule interpreting Section 1557’s prohibition against “discrimination based on sex.” It defined sexism to include discrimination based on ‘abortion’ and the contested notion of ‘gender identity’.
By defining “sex discrimination” inconsistently with Title 9, which protects people from discrimination based on sex in federally funded educational programs or activities, the Franciscan Alliance 2016 rule states: Alleged violations of the Administrative Procedure Act (APA).
The rule was quickly challenged by nine states and groups of religious groups. Received protection from federal courts in North Dakota and Texas.
The Franciscan Alliance also alleged that the 2016 rule violated the Religious Freedom Restoration Act (RFRA) and compelled people to perform abortions and gender reassignment surgeries that were inconsistent with their sincere religious beliefs.
Beckett said on its website that the Biden administration and the ACLU “are unhappy with their inability to force religious health care providers to violate their faith,” and appealed the decision to the Fifth Circuit.
The Biden administration has been accused of weaponizing Title IX to impose “woke madness” on Americans.