THE WASHINGTON STAND—Seven states have come together to fight a new rule that could force doctors into performing gender-transition procedures.
The Biden administration has made it clear it wants so-called “gender-affirming care” available to all—including young children. As such, it appears it’s willing to try and make it so that medical professionals are unable to turn away patients seeking gender procedures. Experts say this is exactly what the rule change to the nondiscrimination provision of the Affordable Care Act would do.
Adopted by the Department of Health and Human Services in April, The Hill reported, “The changes expand the rule’s definition of sex discrimination to include discrimination based on sexual orientation and gender identity.”
This means that, despite personal beliefs, religious convictions, or political values, it would become an act of discrimination for a doctor to refuse someone the gender-affirming care they ask for. Moreover, for doctors who do refuse, “access to federally funded programs like Medicare, Medicaid and the Children’s Health Insurance Program (CHIP) could be cut off.”
These rule changes, which are fueled by taxpayer money, are what led the states of Missouri, Utah, North Dakota, South Dakota, Iowa, Idaho, and Arkansas to file a lawsuit against HHS. The case, represented by the conservative Christian legal group Alliance Defending Freedom, focuses on a request for “a Missouri federal court to permanently block the HHS rule.” In addition, the seven states were joined by the American College of Pediatricians, which emphasized in a press release:
Indeed, the rule requires doctors to provide and promote ‘social transitions,’ use of pronouns inconsistent with biological sex, experimental use of puberty-blockers and cross-sex hormones for ‘gender-transition’ purposes, and perform harmful, sterilizing procedures on adults and children to appear to be the opposite sex, even if state law restricts these procedures. Doctors are even required to inaccurately code their patient’s charts based on gender identity rather than biological sex.
This lawsuit, however, is not the first of its kind. Since the rule was adopted in April, the states of Tennessee, Florida, and Texas have already succeeded in having federal courts block the rule from taking effect. With each effort against the change come the same cries, which are summarized in what Dr. Jill Simons, executive director of the American College of Pediatricians, said in a statement: “What the Biden [a]dministration is calling for is wrong and unlawful.”
She added, “Our doctors take an oath to do no harm, but the Biden administration’s rule forces them to violate this oath and perform procedures that are harmful and dangerous to our patients—vulnerable children.” As Simons implored, doctors should “never be forced” to act against their medical judgements and convictions.
Medical professionals have long been sounding the alarm on the danger of these transition procedures, arguing that they are “life-altering and sterilizing interventions.” Many who choose to undergo therapy and procedures in attempt to “change their gender” walk away with permanent bodily damage. Numerous studies and testimonies prove that rashes, infections, mental harm, and lifelong treatments are common consequences of these decisions.
Julie Marie Blake, senior counsel at Alliance Defending Freedom, stated that HHS’ rule can only be described as an “unlawful overreach” and an “attempt to hijack medicine.” She continued, “The HHS rule will harm those suffering from gender dysphoria, particularly children, and punish doctors who seek to care for them.”
Echoing her sentiments, Missouri Attorney General Andrew Bailey, a Republican and co-leader of the lawsuit, wrote in a press release, “[President] Joe Biden is once again exceeding his legal authority in order to force his radical transgender ideology onto the American people.”
Even though individuals such as HHS Secretary Xavier Becerra consider this rule “a giant step forward for this country toward a more equitable and inclusive health care system,” Bailey, on behalf of all involved in the lawsuit, made clear: “I am filing suit because I will not allow out-of-touch federal bureaucrats to force Missouri healthcare providers into performing experimental and dangerous gender transition procedures on the taxpayer dime.”
