3,000 doctors are suing the Biden administration to avoid being forced to give children ‘gender-affirming’ care, including hormone therapy drugs and surgery.
A group of 3,000 doctors and medical professionals is suing the U.S. Department of Health and Human Services (HHS) over a mandate that broadens the term “sex” in federal civil rights statutes to include “gender identity” and “sexual orientation.”
The group argues that the rule, among other things, forces physicians who see Medicaid patients or receive federal funding to provide “gender-affirming” care to children who want to transition to the opposite sex. This includes prescribing hormone treatments and puberty blockers and performing surgery such as removing girls’ breasts.
The doctors challenging the rule say it will force them to provide that kind of treatment, even if they think it’s medically wrong for the patient or if it goes against their religious beliefs. That makes it unconstitutional, they say.
As such, the Alliance Defending Freedom (ADF) filed a lawsuit on behalf of the American College of Pediatricians, an adolescent care obstetrics and gynecology doctor, and Catholic Medical Associates.
The lawsuit, filed on Aug. 26, 2021, asks the court to block HHS from penalizing doctors for refusing to provide gender-altering treatments to children for any reason.
The case initially was dismissed by a lower court when the U.S. Department of Justice (DOJ) filed a motion claiming that it would honor doctors’ constitutional right to refuse such treatments.
However, ADF attorney Chris Schandevel said his clients worry that a dismissed case could mean DOJ officials could reverse the department’s stance at any time. So he’s seeking an injunction to specifically prevent HHS or any other federal agency from disciplining doctors who refuse to give children such treatments for any reason.
The 6th Circuit of the U.S. Court of Appeals in Cincinnati heard oral arguments on the case on Dec. 6. The appellate court has jurisdiction over federal appeals from cases originating in Kentucky, Michigan, Tennessee, and Ohio.
The court’s decision could take up to three months. If denied, plaintiffs could seek review from the U.S. Supreme Court.
By Jacob Burg
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