Biden Admin Waives Supreme Court Review in Key Transgender Fight

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For the last six years, the U.S. Department of Health and Human Services has pushed a controversial “transgender mandate,” which threatens religious doctors and hospitals with multimillion dollar penalties unless they perform gender transitions in violation of their conscience and medical judgment. When those doctors fought back—winning a major victory in federal appeals court in August—the fight appeared poised to head to the Supreme Court. But on Friday, the Biden administration gave up on seeking Supreme Court review—meaning the hard-fought victory for religious liberty now stands as a powerful precedent nationwide.

The case, called Franciscan Alliance v. Becerra, was brought by a Catholic hospital system and the Christian Medical and Dental Associations, a nationwide organization of thousands of Christian healthcare professionals. The plaintiffs—motivated by their religious mission—compassionately treat every patient that walks through their doors, for everything from cancer to the common cold. But like many other healthcare professionals and experts, they view medical interventions designed to “change” a person’s gender to be harmful—contrary both to the best medical data about how to treat individuals struggling with gender dysphoria and to their religious understanding of sexuality and the human person. They therefore decline to perform such procedures, or to cover them in their insurance plans.

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