Biden Admin Won’t Appeal Ruling Freeing Medical Providers From Forced Participation In Trans Procedures

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Laurel Duggan Social Issues and Culture Reporter
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The Biden administration will not be appealing a federal court’s decision blocking it from using the Affordable Care Act (ACA) to force medical providers to offer cross-sex medical procedures, marking an end to a years-long legal battle, according to a press release from Becket Law, which provided legal counsel in this case.

The Obama administration determined in 2016 that the Affordable Care Act required all health care providers to be willing to perform and provide insurance coverage for transgender medical procedures, though this interpretation was struck down in court several times over the coming years. The deadline for appealing the latest federal court ruling against this interpretation passed on June 20 without an appeal from the administration, according to Becket. (RELATED: Blue State School District Won’t Let Students Opt Out Of ‘Pride’ Lessons)

“After multiple defeats in court, the federal government has thrown in the towel on its controversial, medically unsupported transgender mandate,” Luke Goodrich, vice president and senior counsel at Becket, said in the release. “Doctors take a solemn oath to ‘do no harm,’ and they can’t keep that oath if the federal government is forcing them to perform harmful, irreversible procedures against their conscience and medical expertise. These religious doctors and hospitals provide vital care to patients in need, including millions of dollars in free and low-cost care to the elderly, poor, and underserved. This is a win for patients, conscience, and common sense.”

A district judge granted permanent relief to medical professionals who objected to transgender procedures in August 2021, and the Fifth Circuit affirmed the decision in August 2022 on a permanent basis following an appeal from the American Civil Liberties Union (ACLU). The court determined that “the loss of freedoms guaranteed by the First Amendment, [Religious land use And institutionalized persons Act], and [Religious Freedom Restoration Act] all constitute per se irreparable harm.”

“No one — whether they’re male or female, transgender or not — should fear being turned away at the hospital door because of who they are,” Louise Melling, deputy legal director at the ACLU, said in a 2022 press release. “Religious liberty does not mean the right to discriminate or harm others.”

The White House did not respond to the Daily Caller News Foundation’s request for comment.

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