Court Rules that Medical Professionals’ Lawsuit Against the Biden Administration May Proceed

The Trump administration adopted a rule that would protect the conscience and religious beliefs of doctors and other medical professionals who don’t want to give children puberty blockers or perform “reassignment” surgery on any individual — male or female, adult or child. The rule also would have protected their right to refuse to kill unborn babies.

A federal court blocked President Donald Trump’s attempt to protect these professionals.

President Joe Biden does not want to protect these providers. The Biden administration announced last May that the Office of Civil Rights in the U.S. Department of Health and Human Services would enforce bans on sexual orientation and “gender identity” discrimination.

As support for enacting rules that interpret the word “sex” in federal law to include sexual orientation and “gender identity,” the Biden administration cites the “conservative” U.S. Supreme Court’s decision in Bostock v. Clayton County. Six of the nine justices said that federal law bars discrimination based on sexual orientation and “gender identity.” The Trump-appointed Justice Neil Gorsuch wrote the majority opinion.

America First Legal represents a group of medical professionals who filed a lawsuit against the secretary of HHS. The plaintiffs contend that Bostock does not support the government’s argument.

The Biden Administration claims that it can force health-care providers to become complicit in the sterilization and castration of children because a statutory prohibition on “sex” discrimination will necessarily prohibit discrimination on the basis of “sexual orientation” and “gender identity”—and will therefore require health-care providers to provide any treatment demanded by a homosexual or transgender patient. This contention is absurd, and it was expressly rejected by the Supreme Court in Bostock v. Clayton County. Bostock holds that discrimination against homosexual or transgender individuals qualifies as “sex” discrimination only when the outcome would have changed if the individual has been a member of the opposite biological sex. It does not prevent doctors from categorically refusing to provide puberty blockers or referrals for sex-change operations to members of each biological sex.

America First Legal has declared victory after a court ruled that it may proceed with the lawsuit on behalf of the plaintiffs. The court found that the plaintiffs are “suffering injury from the Biden Administration’s announced interpretation of section 1557 and that they face a credible threat of prosecution over their refusal to provide puberty blockers and referrals for sex-reassignment surgeries to children.”

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