The Fifth Circuit Court of Appeals unanimously agreed with a lower court that a President Joe Biden administration rule that tried to force medical personnel to perform procedures on individuals identifying as transgender in opposition to their closely held religious beliefs.
The appeals court ruling in Franciscan Alliance v. Becerra was unanimous, protecting 19,000 health care professionals in the Catholic health care network.
The lower court had ordered a permanent injunction against HHS while the case was appealed.
“This ruling is a major victory for conscience rights and compassionate medical care in America,” said Joseph Davis, the attorney representing the alliance, in a statement. “Doctors cannot do their jobs and comply with the Hippocratic Oath if the government requires them to perform harmful, irreversible procedures against their conscience and medical expertise.”
Providing care according to their conscience
“For years, our clients have provided excellent medical care to all patients who need it,” Davis said. “Today’s ruling ensures that these doctors and hospitals may continue to do this critical work in accordance with their conscience and professional medical judgment.”
The ACLU helped to argue the case as a co-appellant, but cited a case that countered the administration’s argument.
The rule originated with Obamacare six years ago, but has been fought successfully in several states.
“Six years ago, the federal government issued the mandate as part of the Affordable Care Act and tried to apply it to virtually every doctor nationwide. The requirement would have forced doctors to perform these procedures on any patient, including on children, even if the procedures went against their conscience and professional medical judgment,” the law firm said.
Child transgender medical care still controversial
Many medical doctors, not just Christian ones, do not think children should be able to have transgender medical procedures even if they say they want them because of the high number who later change their minds about their transgender status.
Kids’ developing bodies are also more easily damaged by hormone therapy and surgeries, making it harder to reverse these procedures later if they wish to do so.
“You have teenage girls who have issues with their bodies, issues socially with growing up, they have issues about their sexuality,” one formerly transgender individual now known as Eva said. “It’s no surprise that they have been given this fix, and that they want the fix.”
Eva did not take any measures to transition because her family was resistant, but now she is glad she didn’t.