Catholic health care organizations that receive federal funds cannot be required to provide or pay for transgender procedures if they are opposed by religion, a federal appeals court ruled on Wednesday. Six.
The case is the latest in a series of legal battles determining whether sex-affirming care is protected under the Affordable Care Act’s non-discrimination provisions. are not. Protections based on gender identity and sexual orientation were originally introduced into law during the administration of President Barack Obama but were removed during the presidency of Donald Trump.
Under President Joe Biden, the Department of Health and Human Services sought to reinstate the anti-discrimination rule by issuing draft regulations in July citing a 2020 Supreme Court ruling that Employers cannot fire employees because they are gay or transgender. In the ongoing rule-making process, HHS considered gender identity and sexual orientation addressed in the statutory language of the ACA, even though the law did not explicitly mention those attributes.
A panel of three judges from the U.S. Court of Appeals for the 8th Circuit disagreed, ruling that the regulation threatened to penalize Catholic health systems and other institutions for respecting religious beliefs. their religion, which they consider unconstitutional. The U.S. 5th Circuit Court of Appeals also issued a similar decision in August, ruling that Christian service providers are not required to perform abortions or sex reassignment surgery in violation. their religious beliefs.
The Round 8 panel opinion noted that less restrictive alternatives exist, including government-funded healthcare for transgender people, the development of financial incentives, and the development of financial incentives. to encourage employers to provide gender reassignment services or to redirect patients to community health centers.
The plaintiffs in the lawsuit include the Sisters of Mercy, the Sacred Heart Mercy Health Center in Alma, Michigan, the SMP Health System of Fargo, North Dakota, the University of Mary, and the Catholic Interests Association. , a legal advocacy group for Catholic employers.
