This month's blog provides updates on two Christian Medical Association (CMA) federal lawsuits. Following case updates is
information and help for health professionals who have experienced discrimination
on the basis of their faith and conscience.
Good News: Victory in transgender mandate case
Becket, one of the nation's premier religious freedom law
firms, has represented the interests of CMA members in challenging a 2016 mandate issued by the Department
of Health and Human Services under the authority of the Affordable Care Act
(Obamacare). Becket provides a synopsis of how the
case has developed:
CASE SNAPSHOT
A federal mandate issued in 2016
required doctors to perform gender transition procedures on any patient,
including a child, even if the doctor believed the procedure would be harmful.
That rule was struck down in court after it was challenged by nine states,
several religious organizations, and an association of over 19,000 healthcare
professionals [CMDA]. In May 2019, HHS proposed bringing its regulations into
compliance with those decisions and ensuring that the personal decision to
undergo gender transition procedures is kept between patients and their
doctors, free from government interference.
STATUS
On May 24, 2019, HHS proposed a new
rule that follows a court ruling, complies with accepted medical research and
protects both the medical judgment of the doctor and the unique, individual
needs of the patient.
Meanwhile, on October 15, 2019, a
federal judge confirmed his earlier ruling that the government's 2016 HHS
mandate is unlawful, ensuring that doctors can continue practicing in their
field of medicine without being forced to perform procedures that violate their
faith.
Left unchallenged by our lawsuit, this unlawful and
ideologically driven mandate would have imperiled the careers of many health
professionals, by denying the ability to follow medical judgment and
conscience. This court victory now protects the religious freedom and medical
judgment not only of CMA members but also of health professionals nationwide.
Bad News: First-round loss in conscience rule case
Becket also represents the interests of CMA members in a lawsuit
to defend the recent HHS conscience protection rule for health professionals.
Becket provides the following synopsis:
CASE SNAPSHOT
 |
| Dr. Regina Frost |
Regina Frost is an OB-GYN and a member
of the Christian Medical Association. Religious healthcare
professionals like Dr. Frost care for all patients and are consistently on the
frontlines serving the most vulnerable members of our society, including
underserved poor and migrant communities; victims of gang violence, sex
trafficking, opioid addiction, and deadly epidemics and prisoners living with
HIV. In May 2019, HHS released a new Conscience Rule enforcing existing laws
that allow religious healthcare professionals to continue their important work
without having to perform certain procedures which would be inconsistent with
their beliefs. But several states, including the state of New York, are now
suing to block this rule and force Dr. Frost and others to either violate their
conscience or end their practice. Becket is defending medical conscience rights
for religious healthcare professionals nationwide so that they can continue
their ministry providing compassionate care across the globe.
STATUS
On June 25, 2019 Becket moved to
intervene on behalf of Dr. Frost and the Christian Medical & Dental
Associations in federal court, arguing that no healthcare professional should
be forced to choose between violating her conscience or providing compassionate
medical care. On November 6, 2019, a federal court ruled against the Conscience
Rule, threatening the ability of religious doctors like Dr. Frost to serve
communities without being forced to perform procedures against their beliefs.
Religious freedom protects the rights of
individuals to live out their faith in all facets of their lives—including in
their professions. This lawsuit threatens the ability of religious healthcare
professionals to provide quality, compassionate healthcare, forcing them to
choose between their conscience and their practice.
What can you do if you have experienced discrimination?
While we await the government's decision to appeal this case, health professionals should know that while this loss represents a significant weakening of
protections, existing federal conscience protection law remains in effect and
HHS continues to receive complaints.
Filing a complaint with HHS is simple and straightforward:
You simply relate your story of what happened--who, what, when, where: www.freedom2care.org/regulations.
Our Freedom2Care website also provides you with links to religious
freedom law firms that provide pro bono legal aid: www.freedom2care.org/legal-help.
