Doctors, States challenge new “transgender regulation”
November 7, 2016
Feds order doctors to perform procedures that may harm children
WASHINGTON, D.C. – The State of North Dakota along with several hospitals, a university, and health clinics, filed a lawsuit today (November 7, 2016) challenging a new federal regulation. The new regulation forces doctors to ignore science and their medical judgment and perform gender transition procedures on children, even if the doctor believes the treatment could harm the child.
The government does not require Medicare and Medicaid to cover these same procedures, because Health & Human Services’ (HHS) own medical experts found the risks were often too high and benefits too unclear. Yet any private doctor who made the same decision about the risks would be in violation of the new mandate and face potential lawsuits or job loss.
A new website provides leading research on this issue, including studies the government itself relies on finding that up to 94 percent of children with gender dysphoria (77 to 94 percent in one set of studies and 73 to 88 percent in another) will grow out of their dysphoria naturally and will not need surgery or lifelong hormone regimens. Studies also show that there are numerous negative effects when children undergo hormone regimens, such as increased risk of heart disease, type 2 diabetes, and breast, ovarian, and prostate cancer.
This regulation will cost healthcare providers and taxpayers nearly $1 billion and affect up to 900,000 doctors — virtually every doctor in the U.S., many of whom have chosen the medical profession because they are inspired by their faith to serve those in need. But this regulation violates doctors’ ability to exercise both their best medical judgment and their religiously-inspired desire to care for society’s most vulnerable.
“HHS’ regulation is an unparalleled government overreach. This law not only forces doctors to violate the Hippocratic oath, but also removes their professional right to be the final decision-makers on the best medical care for their patients,” said Windham.
November 15, 2016
[JURIST] On Monday, The Becket Fund announced [advocacy site] it had filed suit [text, PDF] challenging a new Health and Human Services (HHS) regulation [text, PDF] on behalf of North Dakota and several Catholic organizations. The suit, filed in federal district court in North Dakota, alleges the new HHS regulation, which went into force July of this year, requires doctors to perform “controversial and sometimes harmful medical procedures ostensibly designed to permanently change an individual’s sex- including the sex of children.” The regulation changes the meaning of the term “sex” from a person’s biological sex at birth to “an individual’s internal sense of gender,” and Becket alleges that this change will require healthcare professionals to violate their “deeply held religious beliefs.” The National Center for Transgender Equality (NCTE) [advocacy website] maintains [US News report] that doctors will not be forced to administer procedures against their better judgment, but will be required to make sure that transgender people can get necessary treatment.
The challenge mirrors a suit [text, PDF] filed in August [JURIST report] on behalf of Texas, Wisconsin, Nebraska, Kentucky, and Kansas. Transgender issues have been a contentious objective of the Obama administration that has spawned legislation and litigation. In October, the Supreme Court accepted a case [JURIST report] concerning a transgender restroom policy in Virginia schools, and North Carolina garnered much attention when it enacted a controversial bathroom policy of its own [JURIST report]. In response, some states, such as Massachusetts [JURIST report], have signed bills into law affirmatively protecting the rights of transgender individuals, and the Justice Department has filed legal challenges [JURIST report] against the discriminatory laws.
The utter insanity of this is beyond understanding. Thank GOD Trump is President-Elect or more and more of this would have been occurring. These next two months can’t go fast enough. The need for an overhaul in the judicial system and in congress is more evident every time we look around.
Overreach isn’t the half of this. Let’s hope our children will survive Obama’s presidency with no serious lasting affects.