On March 31, Asst. AG with DOJ’s Civil Rights Division Kristen Clarke sent a letter to every state’s Attorneys General. The letter warned that it will go after doctors for what it considers discrimination of “transgender youth” if they dare to deny “gender-affirming care,” which includes medical and drug treatments.
Last year, the Department of Health and Human Services re-interpreted Section 1557 of the Affordable Care Act, which prohibits discrimination on the basis of sex, to prohibit discrimination on the basis of sexual orientation and gender identity. The move will force hospitals to give transgender people ‘gender-affirming’ healthcare if they receive federal funding.
Author Abigail Shrier tweeted about the Biden regime’s disgusting push to fundamentally transform our youth.
The Biden Administration has now determined that "gender affirming care" – including puberty blockers, hormones and surgeries – is a right of trans youth and "appropriate" and "necessary" for their health.
The Biden Justice Department will come after states that disagree.
— Abigail Shrier (@AbigailShrier) April 1, 2022
This week, the HHS followed up with a threatening letter to states that pass laws contradicting the edict and doctors that refuse to comply. The letter says that anyone who is not given proper care for ‘gender dysphoria’ or ‘perception of gender dysphoria,’ a supposed medical condition where someone doubts their gender identity, can get recoursse through legal action.
Here is a portion of the letter from the DOJ:
A law or policy need not specifically single out persons who are transgender to be subject to heightened scrutiny. When a state or recipient of federal funds criminalizes or even restricts a type of medical care predominantly sought by transgender persons, an intent to disfavor that class can “readily be presumed.” For instance, a ban on gender-affirming procedures, therapy, or medication may be a form of discrimination against transgender persons, which is impermissible unless it is “substantially related” to a sufficiently important governmental interest. This burden of justification is “demanding.”
Such a law or policy will not withstand heightened scrutiny when “the alleged objective” differs from the “actual purpose” underlying the classification. In addition, the Due Process Clause protects the right of parents “to seek and follow medical advice” to safeguard the health of their children. A state or local government must meet the heavy burden of justifying interference with that right since it is well established within the medical community that gender-affirming care for transgender youth is not only appropriate but often necessary for their physical and mental health.
Here is a press release by the DOJ:
After the HHS mandate last year, America First Legal sued the Department of Health and Human Services for its unconstitutional and far-reaching order.
America First Legal Reported–
“Last night, America First Legal sued the Biden Administration on behalf of a class of doctors, seeking to prohibit the Department of Health and Human Services from forcing medical professionals to provide unethical transgender-related medical services.
Section 1557 of the Affordable Care Act prohibits “sex” discrimination in any health program or activity that receives federal funds. Three months ago, HHS announced that it will “interpret and enforce” section 1557 to prohibit: (1) “discrimination on the basis of sexual orientation”; and (2) “discrimination on the basis of gender identity.” But nothing in section 1557 prohibits discrimination on account of “sexual orientation” or “gender identity”—and nothing in this statute requires doctors and health-care providers to deny biological reality by providing “gender-affirming” healthcare.”
America First Legal’s President, Stephen Miller, said it is ‘dangerous’ and ‘destructive’ to erase biological sex in healthcare. He called Biden’s interpretation of Section 1557 ‘unlawful, unconstitutional, and medically unconscionable.’ Stephen Miller was one of President Trump’s top advisors in the White House. America First Legal also has Trump’s ex-Chief of Staff, Mark Meadows, on its board and Matthew Whitaker, who served as Acting Attorney General.