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]

After all, what is really wrong with apotemnophilia?

BioEdge

Reproduced under Creative Commons Licence

Michael Cook*

Apotemnophilia is one of those words which may be useful in Scrabble© but seldom come up in day-to-day discourse, let alone medical practice. However, it is an increasingly contested issue in bioethics, though better known as BIID, Bodily Integrity Identity Disorder, or the amputation of healthy limbs.

BIID is a rare psychiatric condition in which people know that their leg (for instance) is normal and healthy, but still feel that it is not part of their identity; they want it cut off, even though they realise that they will become disabled. Oddly enough, however, they often do not seem to mind wearing a prosthesis to recover some of the limb’s functionality.

In a provocative article in The New Bioethics, Richard Gibson, of the University of Manchester Law School, in the UK, asks whether ultimately there would be anything wrong with BIID if a prosthesis provided equal or better functionality. . . [Full text]

Equality Act’s Attack on Religious Liberty, Medical Conscience

National Review

Reproduced with permission

Wesley J. Smith

President Biden said during the campaign that he supported the Equality Act, which is being sold as a means of guaranteeing equality for LGBT people.

But it does more than that. It would destroy medical conscience by removing existing protections that permit doctors and nurses to refuse participation in abortion, and it would gut the Religious Freedom Restoration Act.

The Charlotte Lozier Institute’s associate scholar Richard Doerflinger explains in a white paper he authored on the bill. From “The ‘Equality Act’: Threatening Life and Equality:”

The Equality Act’s new freestanding ban on pregnancy discrimination . . . adds the new requirement for women to receive “treatment” for pregnancy that is as “favorable” as treatment for any other “physical condition” . . . . It provides rules of construction indicating that the new requirement should be interpreted as broadly as possible. . . . And it negates the existing religious freedom law that allows believers to seek an exemption from such requirements based on sincere religious beliefs such as respect for human life.

That’s the end of medical conscience, an aspect of freedom of religion that permits doctors and nurses to refuse to participate in the termination of pregnancies.

That’s not all. The bill guts the Religious Freedom Restoration Act as a defense against acts deemed discriminatory in the bill. Among other wrongs, this could force Catholic hospitals to permit sterilization, contraception, abortion, and transgender surgeries on premises despite their being prohibited by Catholic moral teaching.

Interestingly the ACLU once understood the importance of protecting Catholic hospitals from such impositions. It now supports the Equality Act:

It is notable that in 1992 the ACLU recognized a religious hospital’s right to decline involvement even in contraception. This is also a service related to pregnancy, so would presumably be required of religious hospitals under the Equality Act – as would removal of a woman’s healthy uterus, surgically sterilizing her, to facilitate her transition to a male gender identity.

As noted above, the Equality Act’s mandates and its elimination of any defense under the Religious Freedom Restoration Act would also reverse the outcome of Supreme Court cases on the Affordable Care Act, subjecting the Little Sisters of the Poor and other religious entities to a mandate for contraceptive and early abortifacient  coverage.

Read the whole paper. It is a sobering assessment.

The Equality Act is a blatant act of cultural imperialism and a high-priority agenda item for the new administration and the Democrat-controlled Congress. So much for “unity.”

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*

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]