Category: Lawsuits

Federal Court Upholds Conscience Protections for Doctors

The Daily Signal

Nicole Russell

Amid a flurry of activity and controversy with the incoming Biden administration, there was still a major victory for religious freedom and conscience protection last week.

On Jan. 19, a federal court, citing the Religious Freedom Restoration Act, upheld conscience protections for physicians and struck down the transgender mandate that ordered doctors to perform transgender interventions when doing so violated the provider’s sincerely held religious beliefs. 

The case, Sisters of Mercy v. Azar, is hardly well-known, but no less newsworthy. The plaintiffs are an order of Catholic nuns, a Catholic university, and Catholic health care organizations. They sued the government, challenging Section 1557 of the Affordable Care Act, which forced doctors to perform transgender interventions against their sincerely held religious beliefs or even sound, medical advice. . . [Full text]

Court blocks mandate forcing doctors to perform controversial gender transition procedures

Federal court upholds conscience rights for doctors and protects welfare of patients

News Release

Becket Law

WASHINGTON – A federal court in North Dakota just blocked a requirement known as the Transgender Mandate that would force medical professionals and religious hospitals to perform gender transition procedures on their patients—including children—even when the procedures are potentially harmful. In Religious Sisters of Mercy v. Azar, an order of Catholic nuns, a Catholic university, and Catholic healthcare organizations sued the federal government challenging a provision of the Affordable Care Act that would have forced doctors to perform gender transition procedures even if doing so would violate their religious beliefs and medical judgment. Becket represented the plaintiffs, arguing that sensitive medical decisions should be kept between patients and their doctors without government interference, and that no one should be required by law to disregard their conscience or their professional medical judgment.

“Now more than ever, Americans are grateful for the sacrifices of our medical professionals who serve on the front lines and use their training and expertise to serve the vulnerable,” said Luke Goodrich, senior counsel at Becket. “The court’s decision recognizes our medical heroes’ right to practice medicine in line with their conscience and without politically motivated interference from government bureaucrats.”

In 2016, the federal government issued a mandate, applicable to nearly every doctor in the country, interpreting the Affordable Care Act to require them to perform gender transition procedures on any patient, including children, even if the doctor believed the procedure could harm the patient. Doctors who refused to violate their medical judgment would have faced severe consequences, including financial penalties and private lawsuits. Immediately, religious organizations and states sued, challenging the legality of the mandate in multiple courts. In 2016, a federal court in North Dakota put the rule on hold, and in 2019 another federal court in Texas struck it down. In June 2020, HHS passed a new rule aimed at walking back the requirement, but other courts have blocked that new rule. Today’s ruling is the second ruling from a federal court blocking the Transgender Mandate. The ruling protects patients, aligns with current medical research, and ensures doctors aren’t forced to violate their religious beliefs and medical judgment.

“These religious doctors and hospitals provide top-notch medical care to all patients for everything from cancer to the common cold,” said Goodrich. “All they’re asking is that they be allowed to continue serving their patients as they’ve done for decades, without being forced to perform controversial, medically unsupported procedures that are against their religious beliefs and potentially harmful to their patients. The Constitution and federal law require no less.”

Contact: Ryan Colby 202-349-7219 media@becketlaw.org

London newspaper reveals ‘shocking evidence’ about transgender treatments

BioEdge

Michael Cook*

London newspaper reveals 'shocking evidence' about transgender treatments
Mira Pavlakovic,FreeImages

After a legal battle The Mail on Sunday has published what it called “shocking evidence” about transgender medicine which led a High Court judge to ban a government gender clinic from prescribing puberty-blockers.

The Gender Identity Development Service (GIDS) clinic in London, also known as the Tavistock Centre, began prescribing these for children under 16 in 2011. In December the clinic was forced to stop after the Court ruled that it was “very doubtful” that youngsters could give informed consent of puberty blockers is basically “a live experiment” on vulnerable children.

Swedish psychiatrist Christopher Gillberg testified that the use of puberty blockers is basically “a live experiment” on vulnerable children.”In my years as a physician,” he wrote, “I cannot remember an issue of greater significance for the practice of medicine. We have left established evidence-based clinical practice and are using powerful life-altering medication for a vulnerable group of adolescents and children based upon a belief.” . . . [Full text]

‘A live experiment on children’

Testimony that led a High Court judge to ban NHS’s Tavistock clinic from giving puberty blocking drugs to youngsters as young as 10 who want to change sex

Daily Mail

Sanchez Manning

'A live experiment on children'
Quinn Dombrowski

The shocking evidence that convinced a High Court judge to effectively ban an NHS gender clinic from giving puberty-blocking drugs to children can be revealed for the first time today.

Until now a court order has prevented the testimony of eminent physicians being made public. But lawyers for The Mail on Sunday successfully argued there was a significant public interest in disclosing the material.

Among the devastating statements that can now be divulged is one from Professor Christopher Gillberg, an expert in child and adolescent psychiatry, who believes prescribing drugs to delay puberty – a first step in gender treatment – is a scandal and tantamount to conducting ‘a live experiment’ on vulnerable children.

‘In my years as a physician, I cannot remember an issue of greater significance for the practice of medicine,’ he said. 

‘We have left established evidence-based clinical practice and are using powerful life-altering medication for a vulnerable group of adolescents and children based upon a belief.’ . . . continue reading

Christian Medical Association Physicians Gain Support from Congress and States in Court Fight Against Discriminatory Firing

States and Members of Congress file brief supporting conscience rule protections

News Release

For immediate release

Christian Medical and Dental Associations (USA)

Washington, DC—May 26, 2020 – Christian Medical Association physicians (CMA*, www.cmda.org) received support from states, Members of Congress, minority groups, medical affiliate organizations, and legal experts who recently filed legal briefs in a case regarding a federal conscience protection rule for health professionals.

In New York v. HHS, CMA and Dr. Regina Frost are defending against attempts by states that want to discriminate against doctors and nurses who refuse to violate their consciences and medical judgment by performing procedures such as abortions or physician-assisted suicide. This case is now in the U.S. Court of Appeals for the Second Circuit.

CMA CEO Dr. Mike Chupp noted, “As a general surgeon who did patient care for over 30 years, my professional judgment has been based upon available medical evidence, training and experience, and a deep sense of obligation to care for my patients in a way that best benefits their health. The conscientious practice of medicine depends upon the integration of these factors by a healthcare professional. The informed conscience of every healthcare professional serves as an inner compass for the best kind of patient care. The HHS conscience rule affirms that our CMA members must be protected from violating their deeply held beliefs as they seek to serve all patients with excellence and compassion.”

CMA Senior Vice President for Bioethics and Public Policy and Obstetrician-Gynecologist, Dr. Jeffrey Barrows noted, “As an Ob-Gyn physician, I have delivered many babies of mothers and fathers who specifically sought a life-affirming physician for their care. The conscience rule not only upholds and enforces decades of federal law passed on a bipartisan basis; it also helps ensure that patients will have a choice of life-affirming physicians who match their values.

“All health care professionals must have the freedom to practice medicine without being forced to violate their conscience. The updated conscience rule released by HHS in 2019 ensures this freedom, establishing conscience protections for all health care professionals, regardless of faith background.”

Evidence indicates that conscience protections help ensure patient access to healthcare at a time of physician shortages nationally. National polling commissioned by CMA and conducted in 2019 by an independent polling firm found that while faith-based health professional respondents overwhelmingly said that they care for all patients regardless of agreement with patients’ choices, none of ten said that being required to violate their consciences would force them to leave the practice of medicine.

For more information on the court case and access to the amicus briefs, see https://www.becketlaw.org/case/new-york-v-hhs/.

For legal perspectives and attorney interviews, contact Ryan Colby: media@becketlaw.org, 202-349-7219.

*The Christian Medical Association serves approximately 19,000 members and, along with the Christian Dental Association, forms the Christian Medical & Dental Associations.