Court Strikes Obama Rule Forcing Doctors to Perform Transgender Surgeries

‘Doctors cannot do their jobs if government bureaucrats are trying to force them to perform potentially harmful procedures that violate their medical and moral judgment…’

Trump Administration Introduces Proposal to Roll Back Transgender Health Protections 1

IMAGE: Transgender Law Center via Youtube

(Claire Russel, Liberty Headlines) After much legal wrangling, a federal court struck down an Obama-era mandate that forced doctors to perform transgender surgeries regardless of their religious beliefs.

Judge Reed O’Connor wrote in his ruling Tuesday that the mandate violates the religious freedom of Christian-based hospitals and businesses that provide healthcare coverage, according to The Hill.

The mandate required federally-funded insurers and providers to offer transition surgeries, labeling them “medically necessary.”

This kind of mandate is unconstitutional, O’Connor said, arguing doctors across the nation should not be required to perform a medically unnecessary procedure that violates their religious beliefs.

“It is critically important that doctors are able to continue serving patients in keeping with their consciences and their professional medical judgment, especially when it comes to the personal health choices of families and children,” said Luke Goodrich, vice president and senior counsel at Becket, the law firm that argued against the Obama administration.

“Doctors cannot do their jobs if government bureaucrats are trying to force them to perform potentially harmful procedures that violate their medical and moral judgment,” Goodrich said.

The Trump administration has been working on a new rule that would reverse the Obama-era mandate, but the mandate continues to be enforced while the new rule is considered.

The regulatory fix would also redefine “sex discrimination” to exclude gender identity as a protected category.

“This proposed rule seeks to amend regulations that identify sexual orientation or gender identity as prohibited bases for discrimination for certain Department funded or administered programs,” the proposal draft reads.

This definition is “more consistent” with the law, according to Roger Severino, director of the Department of Health and Human Services.

“When Congress prohibited sex discrimination, it did so according to the plain meaning of the term, and we are making our regulations conform,” he said earlier this year.