A group of 3,000 doctors has filed a lawsuit against the U.S. Department of Health and Human Services over a mandate that will force them to provide children with so-called “gender affirming” care.
The suit was filed by the Alliance Defending Freedom (ADF) on behalf of the American College of Pediatricians, Catholic Medical Associates, and an ob/gyn who focuses on adolescent care.
The mandate expands the definition of the word “sex” in civil rights statutes to go beyond biology and encompass an individual’s declared “sexual orientation” and “gender identity” as well.
As a result, the group explains that doctors who take care of Medicaid patients and those who receive any type of federal funding will therefore be required to give children seeking to transition to a different sex “gender-affirming” care.
This is something that many physicians and other medical professionals are morally opposed to as it may include performing operations like removing girls’ breasts or giving patients puberty blockers and hormone treatments that put their health and fertility at risk.
This, they argue, is unconstitutional because it requires them to give treatment that goes against their religious beliefs or that they believe is wrong for their patient from a medical standpoint.
The suit asks the court to block the Biden administration from penalizing physicians who are unwilling to give children gender-altering treatments. A decision on the matter by the court could take as long as three months. Should the request be denied, the group could take it to the U.S. Supreme Court for a review.
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Doctors need reassurance they won't be sued for refusing to provide potentially dangerous care
The Department of Justice filed a motion to dismiss the suit, arguing that the HHS did not mandate that all healthcare providers "perform all kinds of gender transition services, even providers who have religious objections."
However, ADF attorney Chris Schandevel is not convinced this is the case. "Outside of the courtroom, in their public statements, the administration has given every indication that they plan to enforce this gender-identity mandate as broadly as possible," he noted.
"They have given every indication that they plan to come after doctors, like our doctors, that we're representing in this case," he added, citing a notice from the HHS’s Office for Civil Rights encouraging patients and parents to file formal complaints if they believe a doctor has refused to provide them “gender-affirming” care.
The notice specifies: "As a law enforcement agency, OCR is investigating and, where appropriate, enforcing Section 1557 of the Affordable Care Act cases involving discrimination on the basis of sexual orientation and gender identity in accordance with all applicable law."
Schandevel maintains that doctors should not have to hope they keep their word. Instead, they need an official confirmation that they won’t have to provide care that goes against their beliefs and rights.
He said: “We should be able to get a court to say that their rights are protected."
Doctors argue that “gender-affirming” care damages children
Although many doctors are unwilling to provide this type of care because of their personal convictions, there are also some very valid medical reasons for their refusal.
Pediatrician Dr. Quentin Van Meter said that he believes the research some have presented to support the need for these treatments has been cherry picked, with conclusions failing to support the data researchers collected.
For example, a study published by the American Academy of Pediatrics is often cited by those claiming “gender-affirming” care reduces anxiety and suicide risk. However, researchers who found flaws with the study’s statistical methodology requested a new analysis of the data, and a correction was later issued stating that there is no advantage of surgery when it comes to anxiety and suicide attempts.
Countries like Norway and Sweden have recently reversed previous stances on "gender-affirming" care, with Sweden saying that it found the risks outweigh the benefits.
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