We had a big court argument today on the #TransgenderMandate--an Affordable Care Act rule requiring doctors to perform controversial gender transition procedures against conscience and medical judgment, even when the procedures can harm patients: becketlaw.org/media/doctors-…
Gender transition procedures are hotly disputed within the medical community. Many believe they are deeply harmful—especially when performed on children, who almost always overcome gender-identity struggles as they mature. transgendermandate.org/research
Two different federal courts have found that “there is no medical consensus that sex reassignment surgery is a necessary or even effective treatment for gender dysphoria.”
The plaintiffs in this case are religious doctors and hospitals that joyfully serve all patients, regardless of sex or gender identity. Based on medical expertise, they believe transition procedures are harmful and can’t in good conscience perform them.
A court ruled the Transgender Mandate unlawful in 2019, but didn’t give plaintiffs the full protection they sought--a court order forbidding the government from imposing this unlawful mandate on them. becketlaw.org/case/francisca…
Notably, the court today asked the government's attorney point blank: Does the new administration have plans to go after these religious doctors and hospitals? And the government wouldn’t answer. This underscores why plaintiffs need full protection.
We expect the court to protect doctors’ consciences and respect their medical expertise. Doing so not only aligns with the law and medical research, but also ensures the best care for patients.
• • •
Missing some Tweet in this thread? You can try to
force a refresh
#BREAKING: The Gov't just announced it's rescinding the Final Environmental Impact Statement for Oak Flat—six hours before its deadline to reply to Apache Stronghold’s emergency appeal: resolutionmineeis.us This is no coincidence. The Gov't knows it's in trouble in court. 1/
The Government knows the destruction of Oak Flat violates federal law--including the Religious Freedom Restoration Act: bit.ly/2MBwHGl. So it is retreating--temporarily. But a temporary retreat doesn’t solve the problem. 2/
The Government is still planning on transfer and destruction of Oak Flat. Oak Flat--and religious practices there--still need legal protection. If the Government is acting in good faith, it shouldn't oppose a court order protecting Oak Flat while the litigation proceeds. 3/
The plaintiffs are religious doctors, hospitals, and clinics who joyfully serve ALL patients regardless of sex or gender identity. They routinely provide top-notch care to transgender patients for everything from cancer to the common cold. 2/
They also provide millions of dollars in free and low-cost care to the elderly, poor, and underserved rural areas. 3/
#BREAKING: Huge religious freedom victory tonight at the Supreme Court--stopping NY Gov Cuomo’s discriminatory #COVID19 worship restrictions against @BECKETlaw’s Orthodox Jewish clients. Here’s a thread with key excerpts from the Court’s opinions. s3.amazonaws.com/becketnewsite/… 1/
Biggest takeaway: The Court resoundingly rejects blind deference to COVID-related restrictions on worship. Instead, all governments must recognize the Constitution still controls during a pandemic: 2/
The core holding of the majority is that our Orthodox Jewish clients “clearly established their entitlement to relief” by showing they are “likely to prevail” under the First Amendment: 3/
Great argument in Fulton today! #SCOTUS looks poised to protect foster families and their Catholic foster care ministry. Main question is how broad the vote will be (8-1, 9-0?) and how broad the reasoning (is Smith in play?). Key takeaways: (thread)
The Justices broadly agreed that CSS has done vital work for over 200 years, and the City had no need to go after them. No same-sex couple has ever been turned away, yet city officials manufactured this dispute by shutting down CSS. 2/
Kavanaugh called the City’s position “absolutist and extreme,” noting that Philadelphia “created this clash,” even though “no same-sex couple has ever come to Catholic Social Services for participation in this program.” 3/
Great news! Two Texas brothers just defeated one of the dumbest attacks on #ReligiousFreedom you will find: Their school banned them from all sports and clubs unless they cut sacred braids they’ve kept as a religious vow since birth. bit.ly/2VzqJHB 1/
In Cesar’s infancy, his parents made a religious vow never to cut a lock of his hair if he was healed from meningitis. He was healed, and he and his brother have kept the vow ever since. This kind of “promesa” has deep roots among Mexican Catholics. 2/
From K-6th grade, the Mathis TX school district let the boys keep their hair without any problems. But in 7th grade (2017) the district barred them from all interscholastic competition. Cesar was banned from football; Diego was taken off the Science Team. 3/
Key takeaways from the Little Sisters argument @ #SCOTUS today: 1. It was clear the gov’t has many ways to give out contraception. It doesn’t need to conscript nuns. So #ReligiousFreedom protects the Sisters.
2. The states haven’t identified a SINGLE woman ever denied coverage due to a religious exemption. As the Obama Admin admitted, they get coverage on family plans, on the exchange, or other gov’t programs. Zero harm.
3. The states' argument was exposed as startlingly broad. It not only attacked the exemption for the Sisters. It said the gov’t even lacked authority to exempt CHURCHES. Alito jumped on this; no Justice seemed to buy it.