Five States Sue Obama Admin Over Rules That Might Require Doctors to Perform Sex Change Operations

Hospital Hallway pdAUSTIN, Texas — Five states have filed a legal challenge against the Obama administration over its recently-released healthcare rules, which some believe might be used to force doctors to perform sex change operations or other services that may violate their conscience.

Texas, Wisconsin, Kentucky, Nebraska and Kansas are all a part of the suit, as well as the Christian Medical and Dental Association and the Roman Catholic Franciscan Alliance.

“[The requirement] discards independent medical judgment and a physician’s duty to his or her patient’s permanent well-being and replaces them with rigid commands,” the complaint reads, according to the Associated Press.

As previously reported, the rules pertain to language in the Affordable Care Act (ACA), otherwise known as Obamacare, and affects all hospitals that accept Medicare or Medicaid, as well as those directly funded by HHS. (Read in full here.)

The government asserts that the rules build upon the Civil Rights Act of 1964 and the Education Amendments of 1972, which the Obama administration has interpreted in recent months as applying to “gender identity.”

“Section 1557 builds on prior federal civil rights laws to prohibit sex discrimination in health care,” the document reads. “The final rule requires that women be treated equally with men in the health care they receive and also prohibits the denial of health care or health coverage based on an individual’s sex, including discrimination based on pregnancy, gender identity, and sex stereotyping.”

“The final rule also requires covered health programs and activities to treat individuals consistent with their gender identity,” it notes.

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The department provide the examples that “a covered entity may not deny, based on an individual’s identification as a transgender male, treatment for ovarian cancer where the treatment is medically indicated” and if “an issuer or state Medicaid agency denies a claim for coverage for a hysterectomy that a patient’s provider says is medically necessary to treat gender dysphoria,” the case will be investigated.

The site Modern Healthcare also outlines that the rules could require that hospitals provide sex change operations and other treatments related to switching one’s gender identity.

“The rule does not explicitly require insurers to cover gender-transition treatments such as surgery. But insurers could face questions if they deny medically necessary services related to gender transition for a man who identifies as a woman, or a woman who identifies as a man,” it explains.

HHS says that in such cases, “[i]n evaluating whether it is discriminatory to deny or limit a request for coverage for a particular service for an individual seeking the service as part of transition-related care, … OCR will start by inquiring whether and to what extent coverage is available when the same service is not related to gender transition.”

“[T]ransgender people can now enter bathrooms or hospital wards consistent with their gender identity,” Modern Healthcare also notes. There are questions surrounding whether males who identify as females will be placed in shared rooms with female patients.

The Becket Fund for Religious Liberty says that it is especially concerned that doctors might be required to perform sex change operations on young children.

“No doctor should be forced to perform a procedure that he or she believes will harm a child,” senior counsel Lori Windham said in a statement announcing the suit. “Decisions on a child’s medical treatment should be between families and their doctors, not dictated by politicians and government bureaucrats.”

Doctors “have taken an oath to put the needs of each patient first and do no harm. 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,” the Becket Fund says. “It will also cost healthcare providers and taxpayers nearly $1 billion.”

But the Transgender Legal Defense and Education Fund says that the concerns are unwarranted.

“The only thing a doctor is obliged to do is treat all patients, including trans patients, with dignity and respect and to make treatment decisions free from bias,” Executive Director Jillian Weiss told the Associated Press. “If a doctor has a sound, evidence-based, medical reason to delay transition care for a specific patient, that would be respected under the regulations.”

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  • Amos Moses

    The state should no longer be allowed to assume the rationality of regulations based upon age and should at least be required to justify its actions on the basis of modern legislative and administrative findings.

    Pedophilia cannot come soon enough ………..

    • sangrita

      Transgenderism refers more to gender identity and gender expression than to sexual orientation.
      Pedophilia refers to sexual feelings directed towards children.

      Utterly different words, and yet you continue to compare them.

      • Amos Moses

        i made no comparison ……….. i put up a quote that is going to pave the way to pedophiles …. as it is being done now ……..

        • sangrita

          It has already been explained to you several times that nothing is going to pave the way for pedophilia being legal because no one would permit the systemic abuse of children.

          • Amos Moses

            So you disagree that the above quote would indicate a desire to do so ………

          • sangrita

            It doesn’t matter. No one is going to put the desires of a pedophile ahead of the protection of a child. No one.

          • Amos Moses

            Sure it matters ………. this person said it ………. this person is influential ……… and if the age of consent changes ….. as this person would want …… the child could consent ….. legally ….. and your objection would be moot …………. “The state should no longer be allowed to assume the rationality of regulations based upon age” …….. no regulation, no problem …..

          • sangrita

            No. There would be nothing to equal the outcry of incredulous and angry people if anyone tried that. Your slippery slope is a joke in this instance Amos. Children will always be protected from abuse by pedophiles.

          • Amos Moses

            They are not now ……… and the idea of government protecting children due to their age …. is being attacked by a very prominent individual …… in power …….

          • sangrita

            Conspiracy theory. Nothing more.

          • Amos Moses

            No theory ……….. no conspiracy ………….. fact …………. the statement stands …..

          • sangrita

            Ok so who is the man in charge trying to legitimize pedophilia?

          • Amos Moses

            woman ……………………..

          • sangrita

            OK, woman?

          • Amos Moses

            Hillary Clinton ……………..

          • sangrita

            And his name would be…?

          • Amos Moses

            BTW, in the quote, age is being attacked as a meter to prevent what you say ………..

          • uninvitedguest


      • Amos Moses

        Problem: Sexual identity and sex of sexual contacts can both be used to identify sexual minority youth. Significant health disparities exist between sexual minority and nonsexual minority youth. However, not enough is known about health-related behaviors that
        contribute to negative health outcomes among sexual minority youth and how the prevalence of these health-related behaviors compare with the prevalence of health-related behaviors among nonsexual minorities.

      • Amos Moses

        Results: Across the 18 violence-related risk behaviors nationwide, the prevalence of 16 was higher among gay, lesbian, and bisexual students than heterosexual students and the prevalence of 15 was higher among students who had sexual contact with only the
        same sex or with both sexes than students who had sexual contact with only the opposite sex. Across the 13 tobacco use-related risk behaviors, the prevalence of 11 was higher among gay, lesbian, and bisexual students than heterosexual students and the
        prevalence of 10 was higher among students who had sexual contact with only the same sex or with both sexes than students who had sexual contact with only the opposite sex. Similarly, across the 19 alcohol or other drug use-related risk behaviors, the prevalence
        of 18 was higher among gay, lesbian, and bisexual students than heterosexual students and the prevalence of 17 was higher among students who had sexual contact with only the same sex or with both sexes than students who had sexual contact with only the
        opposite sex.

  • Amos Moses

    Men who have sex with men (MSM) represented 90% of all syphilis cases in 2015, with a 232% increase in diagnosis over the last five years, said the report. More than half of the MSM diagnosed with syphilis in 2015 were also infected with HIV, and over half additionally tested positive for a separate STI. Rates in heterosexuals remain stable but are higher than ideal.

    It’s 2016. Safe sex campaigns and targeted prevention efforts are in place. Sexual health care is free and accessible to both high and low risk groups. So what is going on?

    The basic science can’t be sugar coated. More condomless sex leads to higher rates of syphilis, (and gonorrhoea, chlamydia, HIV … the list goes on). Untreated syphilis means the disease continues to be passed on and leads to potentially horrifying long-term medical complications. Action is needed now to address the reasons behind these patterns, particularly in MSM, the group most affected.

    In MSM, higher numbers of partners is a key reason behind the heavily inflated rates, compounded by the use of apps such as Grindr, venue based and group sex. The reported increased use of Chemsex (recreational drugs used during sex) is also of concern, lowering sexual inhibitions and making the likelihood of using a condom less likely.

    Another worrying phenomenon is “sero-sorting” – when men choose partners who have the same HIV status, in theory negating the need to use a condom. However, this puts both partners at high risk of contracting a plethora of STIs.

  • uninvitedguest

    doctors cannot be forced to perform any surgical procedures. so ridiculous on so many levels

  • Gena B

    I would think that there should be specialty clinics for this type of thing. There are specialty clinics and hospitals for burn victims, cancer patients, etc.. why is there a need to force this as standard? First it is not medically necessary to save a person life so it’s not like the doctors should have to be trained in this type of surgery. And I can’t imagine someone wanting that type of surgery and going to just anyone to get that done, wow.