Court rules Biden admin can't make religious employers, healthcare firms cover gender treatments

The U.S. District Court for the District of North Dakota on Monday determined that the Biden administration cannot require that religious organizations and healthcare providers cover an array of gender-related treatments, including surgeries, counseling, and hormone therapies.

The Alliance Defending Freedom (ADF), on behalf of the Christian Employers Alliance, had filed the challenge against the Equal Employment Opportunity Commission, claiming it had improperly interpreted Title VII to mandate such action. The suit had also challenged the U.S. Department of Health and Human Services's assertion that "sex" includes gender identity in the context of federal law.

ADF is a non-profit legal group that advocates for religious freedom, among other causes.

The court found that CEA's refusal to comply with EEOC and HHS mandates on the grounds of their faith would result in significant monetary penalties and therefore, the mandates "substantially burdened" the organization.

"CEA must either comply with the EEOC and HHS mandates by violating their sincerely held religious beliefs or else face harsh consequences like paying fines and facing civil liability," the court wrote. "As a result, CEA’s religious beliefs are substantially burdened by the monetary penalties it faces for refusing to violate its beliefs."

Most Christian organizations and denominations hold that a person's sex is immutable.

Christian Employers Alliance President Shannon Royce celebrated the ruling, saying "[w]e are overjoyed our members will not have to choose between the biblically based employee benefits and quality healthcare they provide, and the threat of federal enforcement and massive costs for practicing their faith."

The CEA originally brought the suit in late 2021. HHS issued its original mandate in May of that year, citing Section 1557 of the Affordable Care Act, which tasks it with "protecting the civil rights of individuals who access or seek to access covered health programs or activities."

Ben Whedon is an editor and reporter for Just the News. Follow him on X, formerly Twitter.