Posted by Curt on 28 August, 2016 at 11:00 am. 4 comments already!

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Daily Signal:

Five states and a group of religiously-affiliated hospitals and physicians are suing the Obama administration over a federal mandate that forces doctors to perform gender transition procedures on adults and children against their medical judgment.

The lawsuit, filed Tuesday in a Texas federal court, attempts to roll back a rule imposed by the Department of Health and Human Services in May that expanded the interpretation of “sex” under the Affordable Care Act to include “gender identity.”

In doing so, the Obama administration added transgender people to the list of protected classes under the Affordable Care Act, which states that individuals can’t be denied certain federally-funded health benefits because of their “race, color, national origin, sex, age, or disability.”

The move was part of a broader push by President Barack Obama to further transgender rights in the U.S.

The implications of the HHS mandate are broad. By its own estimates, HHS said the rule would “likely cover almost all licensed physicians because they accept federal financial assistance.”

For example, HHS said a doctor “specializing in gynecological services that previously declined to provide a medically necessary hysterectomy for a transgender man would have to revise its policy to provide the procedure for transgender individuals in the same manner it provides the procedure for other individuals.”

“It’s a very rare moment in history when the government would force doctors to go against their conscience and their medical judgment and perform procedures that may be deeply harmful to patients,” said Luke Goodrich, a lawyer at the Becket Fund, which is representing Franciscan Alliance, a religious hospital network, and the Christian Medical and Dental Associations, two of the parties involved the lawsuit.

Also challenging the HHS mandate is Specialty Physicians of Illinois, along with the states of Texas, Wisconsin, Nebraska, Kentucky, and Kansas, which are all led by Republican governors.

Notably, the Obama administration does not require coverage of gender reassignment procedures under Medicare or Medicaid for children or adults because a government review of the clinical evidence available for gender reassignment surgery was inconclusive on whether it was helpful or harmful to patients with gender dysphoria.

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