The Biden administration is backing down from a transgender mandate after losing multiple times in federal court. The 8th U.S. Circuit Court of Appeals decision, which upheld a lower court, will stand after the administration failed to meet a June 20 deadline to appeal to the U.S. Supreme Court. The ruling of Sisters of Mercy v. Becerra, brought by Becket Fund for Religious Liberty protects religious doctors and hospitals from having to perform gender mutilation procedures against their religious beliefs, consciences, and medical judgement.
The mandate applied to all patients seeking such procedures, even children. The Biden administration has had no problem targeting religious doctors and organizations as well as children who are experiencing gender dysphoria and think that they may be transgender. The Biden administration was looking to define sex based on "gender identity."
As Catholic News Agency covered about the case:
The Biden administration’s Department of Health and Human Services issued the contested rule in January 2021. It revised Section 1557 health care rules under the 2010 Affordable Care Act to add “sexual orientation and gender identity” and “reproductive health care services” including “pregnancy termination” to existing “protections against discrimination on the basis of sex.” The rule also reversed Trump-era conscience protections that sought to allow medical professionals to opt out of performing procedures against their beliefs.
The rule changes meant that Catholic doctors would be forced to perform purported sex change operations and that Catholic organizations would be forced to cover the procedures in their health insurance plans.
The Catholic plaintiffs filed the legal challenge to the Biden administration’s mandate. The Catholic groups argued the mandate violated their religious freedom and their conscientious objections protected by federal law.
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"After multiple defeats in court, the federal government has thrown in the towel on its controversial, medically unsupported transgender mandate. Doctors take a solemn oath to 'do no harm,' and they can’t keep that oath if the federal government is forcing them to perform harmful, irreversible procedures against their conscience and medical expertise," Luke Goodrich, the vice president and senior counsel at Becket said in a statement. "These religious doctors and hospitals provide vital care to patients in need, including millions of dollars in free and low-cost care to the elderly, poor, and underserved. This is a win for patients, conscience, and common sense."
A press release from Becket also expressed relief that with the expiration of the final deadline with no appeal results in "putting this harmful and unlawful mandate to rest."
The administration had previously lost in 2021 and 2022 with Franciscan Alliance v. Becerra. The federate mandate issued in May 2016 was part of Obamacare. The decision to appeal that decision passed last November.
Xavier Becerra, whose name is in the case, has served as President Joe Biden's Secretary of Health & Human Services (HHS) since the start of the administration. Although the mandate has been put "to rest," it is nevertheless significant that Becerra has been involved in litigation with Catholic groups, despite portending to be Catholic and having served as co-chair of Catholics for Biden for the 2020 presidential election.
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