Last Friday a federal judge reversed a Biden administration rule that directed the Department of Health and Human Services (HHS) to increase access to sex change surgeries and hormone therapies, including to children.
Biden’s HHS said in May of 2021 that it would interpret a section of the Affordable Care Act, which bars doctors from discriminating on the basis of sex, as covering sexual orientation and gender identity. Two doctors represented by the America First Legal Foundation brought a class action lawsuit against the Biden administration after the HHS took the action, arguing that the rule would interfere with their ability to properly practice medicine.
Judge Kacsmaryk, a Trump appointee, argued that the Biden administration’s interpretation of Title IX to include “gender identity,” was faulty and could not be changed until Congress passed a law to that effect, or the Supreme Court ruled otherwise.
“As noted above, the ordinary public meaning of ‘sex’ turned on reproductive function when Congress enacted Title IX,” Judge Kacsmaryk wrote. “For an action to occur ‘on the basis of sex,’ biological sex must be the motivating factor.”
Judge Kacsmaryk added, “That by extending sex protections to individuals who identified with a sex other than abiological sex, the purpose of Title IX was compromised.
“Defendant’s reinterpretation of Title IX through the notification imperils the very opportunities for women Title IX was designed to promote and protect, categorically forcing biological women to compete against biological men,” the judge concluded.
There have been several states taking action to ban sex change procedures for minors, Florida’s Board of Medicine has voted to ban sex change surgeries and hormones for children under 18. And just last Wednesday, Tennessee lawmakers introduced a bill to ban procedures in their state.
In April of 2021, Arkansas became the first state in the country to ban medical treatments for transgender minors.
The state’s mostly Republican legislature voted to override Governor Asa Hutchinson’s veto of House bill 1570, which limits access to certain treatments for youth younger than 18 years old. The new law prohibits doctors from providing gender confirming hormone therapy, puberty blockers or gender-confirmation surgeries or from referring patients to other health care providers.
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