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Thursday, February 2, 2023

United States: Transgender decree condemned by an appeals court

The Biden administration will not be able to compel Catholic organizations and health professionals to perform gender reassignment surgeries or pay for insurance for such surgeries, the US Court of Appeals for the Eighth Circuit ruled on Dec. 9, citing reasons for religious liberty. called upon.

“The federal government cannot compel doctors to go against their conscience or take controversial actions that could cause permanent harm to patients,” Luke Goodrich, vice president and senior counsel Beckett Legal Group.

“This is a common-sense decision that protects patients, aligns with best medical practice, and ensures that doctors can live up to their Hippocratic Oath to ‘do no harm’,” the lawyer said. concluded.

Beckett serves as legal counsel for a coalition of Catholic organizations representing hospitals, doctors and clinics. The latter filed an appeal against the executive order issued by President Joe Biden’s Department of Health and Human Services (HHS). Catholic groups claimed that the decree forced them to pay for insurance and to perform sex change operations and abortions against their conscience.

There are four Catholic groups in the liturgy: religious sisters of mercysimultaneously Catholic Benefits Association, Catholic Medical AssociationDiocese of Fargo and Catholic Charities from North Dakota. This state joined them.

The decision by three judges for the Eighth Circuit states that the religion of mercy claims that “gender transition procedures violate patients’ medical judgment by potentially harming them.” Furthermore, it would violate their beliefs about human sexuality and procreation, as would providing employees with insurance for such procedures.

The ruling upheld a federal district court ruling from January 2021 that granted the stay. The appeals court upheld the trial court’s ruling that the intrusion into the Catholic litigants’ free exercise of religion was sufficient to show “irreparable harm”.

“The government’s attempt to force doctors to go against their conscience is bad for patients, bad for doctors and bad for religious liberty,” Goodrich said. “This victory sets an important precedent: trust that health care professionals are free to practice medicine according to their discretion and professional judgment.”

The decision ends a protracted legal battle stemming from a similar rule from the Obama administration in 2016. The current administration issued the changes in January 2021. Expand the Obama-era version of the rule to include gender transition surgery, as well as abortion.

The proposal met strong opposition among believing doctors, medical organizations and the Bishops’ Conference, which responded in a July 27 statement. The bishops opposed the idea of ​​requiring health care workers “to perform life-altering surgeries that remove completely healthy parts of the body.”

another federal lawsuit, Franciscan Alliance vs. Becerra, resulting in the decree being quashed by the Court of Appeals for the Fifth Circuit in a ruling issued on August 26. The deadline to appeal against this decision expired on 25 November. In this case, it was religious medical groups that challenged the decree.

World Nation News Desk
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