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Court Supports Doctors’ Religious Objections
A federal appeals court ruled in favor of doctors everywhere, allowing them to refuse performing abortions or transgender surgeries.
From The Christian Post. A federal appeals court has blocked the implementation of a Department of Health and Human Services rule requiring medical facilities to provide gender transition surgeries and abortions and health insurers to cover them, even if they hold religious objections to either procedure.
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A three-judge panel of the United States Court of Appeals for the 5th Circuit released a unanimous decision last Friday in the case of Franciscan Alliance, Inc. et al. v. Xavier Becerra, upholding a lower court’s permanent injunction against the HHS mandate.
In March, HHS issued guidance declaring that “federally-funded covered entities restricting an individual’s ability to receive medically necessary care, including gender-affirming care, from their health care provider solely on the basis of their sex assigned at birth or gender identity likely violates Section 1557” of the Affordable Care Act. The appeals court panel agreed that the plaintiffs, which included a network of faith-based healthcare providers, had valid concerns over being harmed by the HHS mandate.
Plaintiffs contended that the HHS mandate violated the federal Religious Freedom Restoration Act. Circuit Judge Don Willett, appointed to the bench by former President Donald Trump, authored the panel opinion. He concluded that throughout the debate over the mandate, “it has become even clearer that Franciscan Alliance’s RFRA claim is not moot,” rejecting the argument made by HHS that the plaintiffs.
“Just months ago HHS issued the 2022 Notice, which warned covered entities like Franciscan Alliance that refusing to offer gender-reassignment surgeries violates Section 1557,” wrote Willett.
“HHS has also repeatedly refused to disavow enforcement against Franciscan Alliance. In its brief on appeal, HHS simply says it ‘has not to date evaluated’ whether it will enforce Section 1557 against Franciscan Alliance — in other words, it concedes that it may.”
The panel also dismissed the plaintiffs’ claim that HHS had violated the Administrative Procedure Act, specifically maintaining that it contradicted preexisting law and exceeded its authority.
Willett wrote that the appeals court considered the APA claim moot since the parts of the mandate that went against the Act had already been struck down in an earlier ruling.
Becket, the religious liberty law firm that is helping to represent the plaintiffs, celebrated the decision. Counsel Joseph Davis called it “a major victory for conscience rights and compassionate medical care in America.”
In 2016, the Obama administration implemented a regulation via Section 1557 of the Affordable Care Act that sought to require healthcare providers to perform gender transition procedures, including on minors, despite any sincere religious objections.
The Obama administration interpreted the federal ban on sex discrimination to include discrimination based on sexual orientation and gender identity, even though neither term is found in federal civil rights law passed by Congress.
Numerous religious groups that provide healthcare coverage filed suit against the Obama administration over the mandate, with litigation continuing into the Trump administration.
Although former President Trump moved to repeal the 2016 Rule, some courts restored parts of the mandate. President Joe Biden eventually revived the rule upon taking office.
The Biden administration has justified its approach by citing the 2020 U.S. Supreme Court decision Bostock v. Clayton County, which concluded that federal protections against sex discrimination codified in Title VII of the Civil Rights Act of 1964 also applied to sexual orientation and gender identity.
The Bostock majority opinion, which was written by Justice Neil Gorsuch, recognized that claims under the RFRA “might supersede Title VII’s commands in appropriate cases.”
“But how these doctrines protecting religious liberty interact with Title VII are questions for future cases too,” wrote Gorsuch.
“So while other employers in other cases may raise free exercise arguments that merit careful consideration, none of the employers before us today represent in this Court that compliance with Title VII will infringe their own religious liberties in any way.”
Are you encouraged by this victory? If so, share this article with your friends and family to encourage them!
(Used with permission. By Michael Gryboski from The Christian Post. Photo Credit: Getty Images)
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Thanks be to God!!!
Psalm 139:13-16
For You formed my inmost being; You knit me together in my mother’s womb.
I praise You, for I am fearfully and wonderfully made. Marvelous are Your works,
and I know this very well. My frame was not hidden from You when I was made in secret, when I was woven together in the depths of the earth. Your eyes saw my unformed body; all my days were written in Your book and ordained for me before one of them came to be.
John 6:43-44,65
“Stop grumbling among yourselves,” Jesus answered. “No one can come to me unless the Father who sent me draws them, and I will raise them up at the last day. He went on to say, “This is why I told you that no one can come to me unless the Father has enabled them.”
Dear Heavenly Father, You know Xavier Becerra. I am praying You will remind him that You not only created him but laid out each one of his days before he lived his first. Nothing about his life is hidden from You. This is the same for Joe Biden, Barak Obama, and me. I love You Lord and thank You for the love You showed me in Jesus Christ. I pray You will draw these men, and ALL who violate Your Goodness by demeaning and destroying life. I pray You will enable them to see the Risen Lord. Because we can do nothing good apart from You, would You press into these men, their cohorts and all who fight against You? I cannot ask too much of You Father. You are the ONE and ONLY God. You are the author of Love and Mercy. I ask that the days You ordained for these who oppose You will begin today. May these days be full of righteousness, justice and humility and for those who remain stoney and hard….”have thine own way Lord.” I love You Father. I love You Jesus. I love You Holy Spirit. Amen