, 15 tweets, 7 min read
#BREAKING: Huge victory for #ReligiousFreedom:
A federal court just struck down the controversial #TransgenderMandate, which tried to force doctors to perform potentially harmful gender-transition procedures against their conscience and medical judgment:
becketlaw.org/media/court-do…
A 2016 HHS regulation, governing nearly every doctor nationwide, said doctors must perform gender-transition procedures, even on children, & even when the procedures could be harmful and were against the doctors’ conscience and medical judgment.
transgendermandate.org 2/
HHS did this by issuing a regulation redefining “sex” to include “gender identity,” and saying doctors who don’t perform gender transition procedures would be punished for “sex” discrimination:
govinfo.gov/content/pkg/FR… 3/
This is the same legal question--the definition of “sex”--at issue in the three #SCOTUS cases argued last week. becketlaw.org/case/bostock-v… 4/
@BECKETlaw challenged the mandate on behalf of a group of over 19,000 healthcare pros & several religious groups, joined by 9 states, arguing that this mandate violated federal law and the Hippocratic Oath (Do No Harm) becketlaw.org/case/francisca… 5/
@BECKETlaw These religious hospitals and doctors joyfully serve ALL patients regardless of their sex or gender identity. They routinely provide top-notch care to transgender patients for everything from cancer to the common cold. 6/
@BECKETlaw There is ample evidence, however, that gender transition procedures can be harmful to patients: transgendermandate.org/research 7/
@BECKETlaw Two different federal circuits--5th and 1st--examined whether there is “consensus in the medical community about the necessity and efficacy of sex reassignment surgery as a treatment for gender dysphoria.” 8/
@BECKETlaw BOTH circuits reached the same conclusion: “There is no medical consensus that sex reassignment surgery is a necessary or even effective treatment for gender dysphoria.” Gibson v. Collier, 920 F.3d 212, 223 (5th Cir. 2019). ca5.uscourts.gov/opinions/pub/1… 9/
@BECKETlaw HHS’s own doctors during the Obama admin agreed: “Based on a thorough review of the clinical evidence available at this time, there is not enough evidence to determine whether gender reassignment surgery improves health outcomes..."
cms.gov/medicare-cover… 10/
@BECKETlaw The doctors and hospitals in these cases argued that they shouldn’t be forced to perform procedures that violate their consciences and could harm their patients. The federal court today agreed. s3.amazonaws.com/becketnewsite/… 11/
@BECKETlaw Today’s ruling protects patients, aligns with current medical research, and ensures doctors aren’t forced to violate their conscience and medical judgment. 12/
@BECKETlaw Our clients will continue providing outstanding care to transgender patients for everything from cancer to the common cold. 13/
@BECKETlaw And transgender individuals will still be able to receive transition procedures. Those procedures will be performed by willing doctors who think the procedures are helpful, not by unwilling doctors who think the procedures are harmful. 14/
@BECKETlaw This is a victory for common-sense, conscience, quality healthcare, and sound medical judgment. fin/
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