This development brings an end to a long-standing legal battle on the matter.
The Biden administration has decided not to appeal a federal court’s ruling that prohibits the use of the ACA to enforce the offering of cross-sex medical procedures by medical providers
Becket Law, which provided legal counsel in the case, confirmed the administration’s decision through a press release. During the Obama administration in 2016, it was determined that the Affordable Care Act (ACA) mandated healthcare providers to be willing to perform and provide insurance coverage for transgender medical procedures. However, this interpretation faced multiple court challenges over the following years. The deadline for appealing the most recent federal court ruling, which rejected this interpretation, passed on June 20 without any action from the administration.
Luke Goodrich, Vice President and Senior Counsel at Becket, expressed satisfaction with the outcome, stating, “This is a win for patients, conscience, and common sense.” He argued that forcing doctors to carry out procedures against their conscience and medical expertise is a violation of their oath to “do no harm.” Goodrich highlighted the importance of religious doctors and hospitals that provide essential care, including millions of dollars in free and low-cost services to vulnerable populations.
A district judge granted permanent relief to medical professionals who objected to transgender procedures
This decision was later affirmed by the Fifth Circuit in August 2022, following an appeal by the American Civil Liberties Union (ACLU). The court’s ruling emphasized that the loss of freedoms guaranteed by the First Amendment, the Religious Land Use and Institutionalized Persons Act, and the Religious Freedom Restoration Act constituted irreparable harm.
The ACLU, while advocating for nondiscrimination, voiced concerns over potential discrimination against individuals based on their gender identity. Louise Melling, Deputy Legal Director at the ACLU, stated in a 2022 press release that religious liberty should not be used as an excuse to harm or discriminate against others.
The White House did not provide a comment in response to a request from the Daily Caller News Foundation.