HHS Denies Conscience Freedom for Physicians

National Review

Matt Bowman

We’ve all read about how President Biden recently ordered his Health and Human Services Department to issue a national eviction-moratorium mandate, even though “the bulk of the constitutional scholarship says that it’s not likely to pass constitutional muster.” And indeed, the Supreme Court has just struck it down.

What can you do when the president brazenly admits that he is trampling on constitutionally protected freedoms?

But the eviction moratorium is not the only mandate from this president that far exceeds his authority. It’s not even the only illegal mandate from President Biden’s HHS.

On August 26, two organizations of medical doctors and an obstetrician/gynecologist filed a lawsuit in federal court over a mandate from President Biden and HHS that will force doctors to perform gender-transition procedures, even on children.

The administration’s excuse for this mandate is Obamacare, but that 1,000-page statute . . . simply prohibits sex discrimination, as Congress understood that term when it enacted civil-rights laws half a century ago.

Yet on January 20, President Biden ordered his federal agencies to go far beyond the law and reinterpret sex discrimination to include “gender identity” discrimination. . . . continue reading

On Sex and Gender, The New England Journal of Medicine Has Abandoned Its Scientific Mission

Quillette

Colin Wright*

Two years ago, “Titania McGrath,” whose satirical Twitter account regularly skewers the ideological excesses of social-justice culture, suggested that “we should remove biological sex from birth certificates altogether to prevent any more mistakes.” The joke (obvious to those who follow the culture wars closely, but perhaps obscure to those who don’t) was directed at gender activists who insist that male and female designations “assigned at birth” are misleading (and even dangerous), since they may misrepresent a person’s true “gender identity”—that internally felt soul-like quality that supposedly transcends such superficial physical indicia as gonads and genitalia.

But the line between satire and sincerity has become blurry on this issue. Last Thursday, the New England Journal of Medicine (NEJM), widely considered to be the world’s most prestigious medical journal, published an article entitled Failed Assignments—Rethinking Sex Designations on Birth Certificates, arguing that (in the words of the abstract) “sex designations on birth certificates offer no clinical utility, and they can be harmful for intersex and transgender people.” The resemblance to Titania McGrath’s 2018-era Twitter feed is uncanny. Two of the authors are doctors. The third, Jessica A. Clarke, is a law school professor who seeks to remake our legal system so as to “recognize nonbinary gender identities or eliminate unnecessary legal sex classifications.” . . . Full Text