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Federal court blocks Biden admin mandate forcing doctors, hospitals to offer transgender surgeries

The Roman Catholic Church holds that biological sex is immutable

Published: August 26, 2022 8:23pm

Updated: August 26, 2022 8:55pm

The United States Court of Appeals for the Fifth Circuit on Friday ruled that the Biden administration cannot doctors and hospitals to perform gender transition surgeries against their religious convictions.

Deciding the case unanimously, the court upheld an earlier decision blocking the Department of Health and Human Services mandate requiring hospitals and doctors to offer the procedures.

The Catholic Franciscan Alliance and a group of more than 19,000 healthcare workers petitioned the lower court to block the policy as it would force them to go against their religious convictions.

The lower court obliged them and the Fifth Circuit upheld the decision “permanently enjoining [HHS] from requiring Franciscan Alliance to perform gender-reassignment surgeries or abortions in violation of its sincerely held religious beliefs.” The Roman Catholic Church holds that biological sex is immutable.

Becket Law Group, a religious liberty advocacy firm that represented the Franciscan Alliance, celebrated the ruling.

“This ruling is a major victory for conscience rights and compassionate medical care in America,” Becket counsel Joseph Davis said in a press release. “Doctors cannot do their jobs and comply with the Hippocratic Oath if the government requires them to perform harmful, irreversible procedures against their conscience and medical expertise.”

“For years, our clients have provided excellent medical care to all patients who need it,” he continued. “Today’s ruling ensures that these doctors and hospitals may continue to do this critical work in accordance with their conscience and professional medical judgment.”  

The case is Franciscan Alliance v. Becerra.

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