Showing posts with label transgender. Show all posts
Showing posts with label transgender. Show all posts

Wednesday, April 27, 2022

Biden's Catechetical Dementia


Edited and published in The Federalist, April 27, 2022. Original version is below:

How the administration's abortion ideology-driven assault on faith and conscience threatens care for millions of needy individuals

By Jonathan Imbody[i]

The year is 2024, and the Biden administration's assault on conscience freedoms has taken a tragic toll on the healthcare landscape.

Since the 2022 elimination of U.S. Department of Health and Human Services (HHS) conscience protections for health professionals, government-sanctioned discrimination has driven out of medicine persons of faith and pro-life convictions, accelerating and exacerbating the long-predicted physician shortage crisis. The shortage leaves millions of patients, especially the poor and marginalized, without the faith-based care on which they had depended.

From medical students to doctors to hospitals and clinics, no one who hews to Hippocratic or Judeo-Christian ethics can survive the administration's ideological purge of healthcare.

Monday, March 29, 2021

The Equality Act would trample on doctors' religious freedom


Published in The Washington Examiner
by Jonathan Imbody  | March 29, 2021
Imagine you are a family physician who entered medical school motivated by the teachings of your faith: to help and bring healing to others.
In medical school, you determined to adhere to the "do no harm" ethical bedrock of the Hippocratic oath: "I will use treatment to help the sick, according to my ability and judgment, but I will never use it to injure or wrong them."
Throughout your medical career, you have treated all your patients with compassion and respect, and you have followed scientific evidence in exercising medical judgment.
But then, one fateful day, the radical federal Equality Act takes effect nationwide.

Tuesday, March 2, 2021

The "Equality Act" will erase religious freedom and medical judgment

 


The U.S. Congress has taken one step closer to ending religious protections—and medical judgment for health professionals—on gender issues, by passing the Equality Act by a largely partisan vote in the House of 224 – 206.

This radical legislation, a top priority of the Biden administration and the Democrat party that controls Congress, would literally remove religious freedom protections on gender issues and replace medical judgment with governmental coercion regarding treatment of children and adult patients experiencing gender dysphoria.

The Christian Medical Association (CMA), which has been fighting in court to strike down a similarly coercive Obama-era transgender mandate, outlined reasons for opposing the Equality Act in a letter to Members of Congress.

Friday, January 29, 2021

Federal court strikes down transgender mandate, protects medical judgment and conscience


 A federal court has provided protections for physicians committed to following medical evidence and conscience convictions regarding the transgender and gender-questioning patients for whom they care.

The U.S. District Court for the District of North Dakota has struck down an Obama-era rule that would have nixed physicians' considerations of conscience and medical judgment on transgender procedures and prescriptions. Becket, the legal firm representing the plaintiffs in the case--an order of Catholic nuns, a Catholic university, and Catholic healthcare organizations--describes the victory in a press release below.

Becket also represents the Christian Medical & Dental Associations (CMDA) and a Catholic health entity in a different federal court in a similar case, Franciscan Alliance v. Azar.

Monday, January 25, 2021

Policy versus politics: A retrospect and prognosis


A physician member of the Christian Medical Associations (CMA) recently asked me for a perspective on the tragic temporary takeover of the U.S. Capitol and the role of politicians before and after that tumultuous event.

The physician's email began, "I’m so saddened by this incident and so appalled…."

I've been asked to share the response to that physician more widely, so my edited response is below, followed by some thoughts on public policy ministry, the past four years and the next four years.

Thoughts on the Capitol takeover and surrounding events

I responded to the physician's concern and request for perspective about the Capitol takeover and surrounding politics as follows:

Thursday, January 21, 2021

Uniting Americans with … transgender mandates?


In his January 20 Inaugural Address, President Joe Biden used the word "unity" no fewer than eight times, including:

"To overcome these challenges – to restore the soul and to secure the future of America – requires more than words. It requires that most elusive of things in a democracy: Unity. Unity.

"… History, faith, and reason show the way, the way of unity.

"This is our historic moment of crisis and challenge, and unity is the path forward."

Hours after his inauguration, President Biden issued a flurry of 17 Executive Orders (EOs) to overthrow the previous administration's policies and replace them with his administration's top priorities. Among them: "Executive Order on Preventing and Combating Discrimination on the Basis of Gender Identity or Sexual Orientation."*

Monday, June 22, 2020

HHS addresses "transgender mandate" in new rule … but Supreme Court redefines "sex discrimination"



The U.S. Department of Health and Human Services (HHS) announced on June 12 that it had "finalized a rule under Section 1557 of the Affordable Care Act (ACA) that maintains vigorous enforcement of federal civil rights laws on the basis of race, color, national origin, disability, age, and sex, and restores the rule of law by revising certain provisions that go beyond the plain meaning of the law as enacted by Congress."

CMA and Becket express optimism

The Christian Medical Association (CMA) expressed optimism that the new HHS rule, which was influenced by a CMA court case and buttressed by CMA polling, will help protect medical judgment and the exercise of conscience in healthcare.
"Health professionals know they must base medical decisions on biology and science, not ideology," said Dr. Jeff Barrows, CMA's Executive Vice President for Bioethics and Public Policy and an Ob-Gyn physician. "Biological gender carries very significant health implications that a physician must be able to recognize in making treatment decisions. The freedom for a health professional to base decisions on the medical science regarding biological gender also carries conscience concerns that should not be overruled by politics or ideology.
"We are hopeful that this rule will help steer consideration of gender issues in healthcare back toward science and away from politics and ideology, back to the protection of professional medical judgment and the freedom to adhere to long-observed ethical and moral standards."
Luke Goodrich, vice president and senior counsel at Becket—the firm that represents CMA in its case against the 'transgender mandate--added, “No doctor should be forced to perform a procedure she believes would harm a patient. The new rule will help ensure that all patients receive top-notch care without forcing doctors to perform potentially harmful procedures in violation of their religious beliefs and medical judgment."

CMA lawsuit and polling influenced new HHS rule

The new HHS rule was influenced by a successful and ongoing CMA and Franciscan Alliance lawsuit aimed at stopping the previous administration's "transgender mandate" that had trampled medical judgment and nixed conscience objections over transgender procedures and prescriptions. The old rule had interpreted "sex discrimination" under Section 1557 of the Affordable Care Act (Obamacare) to include not just biological sex but also termination of pregnancy and gender identity, which the old rule defined as “one’s internal sense of gender, which may be male, female, neither, or a combination of male and female.”
As Roger Severino, Director of the Office for Civil Rights at HHS, explained in announcing the new final rule, "HHS will continue to vigorously enforce federal civil rights laws prohibiting discrimination on the basis of race, color, national origin, disability, age, and sex in healthcare, as Section 1557 provides. HHS respects the dignity of every human being, and as we have shown in our response to the pandemic, we vigorously protect and enforce the civil rights of all to the fullest extent permitted by our laws as passed by Congress. We are unwavering in our commitment to enforcing civil rights in healthcare."
In its announcement, HHS highlighted the impact that CMA's successful lawsuit had on the rules, noting, "On December 31, 2016, a federal court preliminarily enjoined, on a nationwide basis the prior administration’s attempt to redefine sex discrimination in the 2016 Rule, concluding that the provisions were likely contrary to applicable civil rights law, the Religious Freedom Restoration Act, and the Administrative Procedure Act."
HHS also cited as rationale for its new rule CMA's national polling of faith-based health professionals that had been submitted to HHS during the public comment period on the proposed rule.
HHS observed that CMA "commenters, however, cited a survey showing that 97% of responding faith-based medical professionals attest that they 'care for all patients in need, regardless of sexual orientation, gender identification, or family makeup, with sensitivity and compassion, even when [they] cannot validate their choices.' Thus, some commenters argue, the issue is not one of refusing to care for certain patients based on identity, but instead a matter of declining to participate in a discrete set of morally controversial procedures and treatments that are available elsewhere."
CMA's polling also found that 91% said they would stop practicing medicine apart from conscience protection.

Supreme Court redefines "sex discrimination"

While the HHS final rule highlighted the common understanding of the term "sex" as referring to biological male or female, the Supreme Court just a week later issued a decision reinterpreting "sex discrimination" in employment to include discrimination based on sexual orientation and gender identity.
According to the majority opinion, authored by Justice Gorsuch, if any employer “fires an individual for being homosexual or transgender,” then the employer has fired that person “for traits or actions it would not have questioned in members of a different sex.” Thus, the employer has engaged in “sex discrimination” in violation of federal law.
In his dissenting opinion, Justice Alito warned that the ruling “is virtually certain to have far-reaching consequences.” In particular, Justice Alito noted that “[h]ealthcare benefits may emerge as an intense battleground under the Court’s holding,” because the Affordable Care Act “broadly prohibits sex discrimination in the provision of healthcare.”
One example of that issue is CMA's "transgender mandate" lawsuit. Winning the religious freedom aspect of that case now takes on even greater importance.
As Justice Alito noted, “[S]ome employers and healthcare providers have strong religious objections to sex reassignment procedures, and therefore requiring them to pay for or to perform these procedures will have a severe impact on their ability to honor their deeply held religious beliefs.”

Call to courage and spiritual battle

Clearly some of the foundations of our faith, medical science and reality itself are under attack in the courts and in our legislatures. We know from Scripture that spiritual forces lie behind attacks on God's immutable truth and on the design of His creation.
Ultimately our enemy is not deceived legislators, activists or judges but the false ideas and spiritual forces of deception that have blinded eyes to the truth—truth that can set us free to live according to God's design.
Pray for our country, our courts, our lawmakers and CMDA, that we might all conform our lives to God's truth and follow His perfect path to human fulfillment and justice.

Related resources:



Monday, December 2, 2019

Christian Medical Association court cases: Good news and bad news



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.



Friday, October 11, 2019

Message at Supreme Court: Constitution protects both minority and majority viewpoints



Speakers included the mother (center, in red) of a girl
who transitioned against the mother's will through
the intervention of government authorities.
I recently spoke outside the Supreme Court in the face of raucous protests on the day of oral arguments in a case involving transgender individuals and alleged sex discrimination, R.G. & G.R. Harris Funeral Homes v. Equal Employment Opportunity Commission. Speeches had resumed outside the court after a bomb scare had prompted police to clear the area.
Speeches resumed after police cleared the area for a bomb scare.
Members of the LGBT community relentlessly hassled and harried speakers on our side of the argument by launching wailing sirens, shouting with bullhorns in the faces of speakers and chanting mantras like "homophobe" while we spoke (a special irony given that our speakers included a lesbian and a former transgender man). I imagine their side had some reasonable arguments to make, but I could hear none over the sirens, bullhorn and chanting.
My remarks follow:
In a recent national poll of faith-based health professionals, virtually all of them declared, "I care for all patients in need, regardless of sexual orientation, gender identification, or family makeup, with sensitivity and compassion, even when I cannot validate their choices."
In that same poll, 91% of those faith-based health professionals also said they oppose "Redefining 'sex' in federal discrimination laws to mean gender identity, defined as one's internal sense of being 'male, female, neither or a combination of male and female.'"
So they treat all patients with care and compassion, but they need the freedom to recognize and rely on biology when treating their patients.
But some people think that to show compassion and respect for transgender individuals, the government has to force everyone to ignore not only the clear evidence of biology but also the clear meaning of the law.
That's why a few ideological members of the Equal Employment Opportunity Commission and activist judges have rejected the plain meaning of sex discrimination that Congress, women and doctors have all understood and relied upon for decades.
Reading transgenderism into decades-old sex discrimination law
threatens women's rights and sports, as track star Selina Soule
(above) discovered. Photo: Alliance Defends
In the process, these activists are threatening to undermine the very protections against sex discrimination that Congress enacted, which have transformed opportunities for women.
So this case today is as much about the law and individual freedom as it is about gender.
We will have no individual freedom in our country if the government can require you to believe whatever the government wants you to believe.
The genius of our nation's constitutional protection of individual rights and freedom is not only that the minority is protected from the tyranny of the majority, but also that the majority is protected from the tyranny of the minority. The goal of our democratic republic is protecting the greatest freedom for each one of us, protecting us from government coercion, whether our views align with the majority or with a minority.
So let's all work together to protect each other's freedom to choose our beliefs, and to act in accordance with those beliefs, without government coercion. 
.
Dr. Allen Josephson (left), former chief of the
Division of Child and Adolescent Psychiatry and
Psychology at the University of Louisville, spoke
about how he lost his position after expressing his
professional opinions on the treatment
of youth experiencing gender dysphoria.

Thank you.
As expected, mainstream media coverage slanted toward
stories sympathetic to the LGBT community.


Friday, May 24, 2019

Plaintiff Christian Medical Association welcomes intent of new HHS rule to restore intent of Congress on sex discrimination




Washington, DC, May 24, 2019--The 19,000-member Christian Medical Association (CMA, www.cmda.org and www.Freedom2Care.org) today welcomed as "a move toward restoring rationality regarding sex discrimination in healthcare" a new rule proposed by the U.S. Department of Health and Human Services (HHS) that aims to restore the intent of Congress regarding sex discrimination in healthcare.
CMA CEO Designate Dr. Mike Chupp said, "While we and our attorneys are still reviewing this new rule, we welcome the intent of this new proposed rule as a move toward restoring rationality regarding sex discrimination in healthcare. We physicians know that prescriptions and medical procedures differ based on biological sex and that we must base our medical decisions on objective biology—not ideology.
"We will continue as always to care for all patients with compassion and competence while exercising professional, evidence-based medical judgment, adhering to objective ethical standards and at times, exercising conscience based upon moral standards."
CMA is party to a 2016 lawsuit that resulted in a federal court's preliminary injunction against the previous administration's HHS rule that attempted to redefine sex apart from biology to include internal perceptions of sex. Becket represents the CMA in that case. As also noted in that lawsuit, under the previous administration's rule, "HHS declined to add an explicit carve-out for abortion and abortion-related services parallel to the carve-out included in Title IX…."
The new rule, according to an HHS news release today, "proposes a return to the plain meaning of the words used by Congress in prohibiting sex discrimination."
Jonathan Imbody, CMA VP for Government Relations and Director of Freedom2Care, noted, "The proposed rule's stated purpose appears to be in line with what the American people have expressed through their elected representatives in Congress regarding sex discrimination, which is to ensure a level playing field for females and males, and also regarding abortion, which is to preserve conscience freedoms in healthcare.
"In the past, unelected agency officials attempted to use the Affordable Care Act (Obamacare) to force an ideological gender agenda upon virtually all healthcare institutions and professionals, regardless of professional judgment, ethical norms or religious convictions. Effective care for patients requires distinguishing biology from ideology."


HHS issues new rule to restore intent of Congress on sex discrimination

The U.S. Department of Health and Human Services today takes a step toward restoring the intent of Congress in enacting sex discrimination legislation. The court case mentioned in the HHS news release below, which resulted in a preliminary injunction to stop the "transgender mandate," was on behalf of the Christian Medical Association and other health professionals and several states. 

Press Release
FOR IMMEDIATE RELEASE 
Contact:  HHS Press Office May 24, 2019                                                                                    media@hhs.gov

HHS Proposes to Revise ACA Section 1557 Rule to Enforce Civil Rights in Healthcare,
Conform to Law, and Eliminate Billions in Unnecessary Costs

Today, the U.S. Department of Health and Human Services (HHS) proposed regulatory reform related to regulations issued under Section 1557 of the Affordable Care Act (ACA). The proposed rule would maintain vigorous civil rights enforcement on the basis of race, color, national origin, disability, age, and sex, while revising certain provisions of the current Section 1557 rule that a federal court has said is likely unlawful. The proposal also would relieve the American people of approximately $3.6 billion in unnecessary regulatory costs over five years.

Conforming to the Text of our Laws

In Section 1557 of the ACA, Congress directed HHS to apply existing civil rights laws and regulations to healthcare and the ACA Exchanges, including a 1972 law (Title IX) prohibiting discrimination on the basis of sex in certain federally funded programs. In 2016, HHS issued a new rule that redefined discrimination “on the basis of sex” to include termination of pregnancy and gender identity which it defined as one’s internal sense of being “male, female, neither, or a combination of male and female.”

In response to a subsequent lawsuit by several states and healthcare entities, on December 31, 2016, a federal court preliminarily enjoined the rule’s gender identity and termination of pregnancy provisions on a nationwide basis, finding them contrary to the applicable civil rights law, the Religious Freedom Restoration Act, and the Administrative Procedure Act. A second federal court agreed. Because the preliminary injunction continues to be in effect, HHS cannot, and has not since the date of the injunction, enforced the rule’s provisions the court said are likely unlawful. The proposed rule would revise the provisions subject to those injunctions to conform with the plain understanding recognized by the court.

When Congress prohibited sex discrimination, it did so according to the plain meaning of the term, and we are making our regulations conform,” said OCR Director Roger Severino. “The American people want vigorous protection of civil rights and faithfulness to the text of the laws passed by their representatives,” said Severino. “The proposed rule would accomplish both goals.”

Continued Robust Enforcement of Civil Rights Law

Under the proposed rule, HHS would continue to vigorously enforce prohibitions of discrimination on the basis of race, color, national origin, disability, age, and sex in healthcare, as Section 1557 provides. The proposed rule would also retain protections under the 2016 regulation that ensure physical access for persons with disabilities to healthcare facilities, and appropriate communication technology to assist persons who are visually or hearing-impaired. HHS’s proposed rule would also retain protections for non-English speakers, including the right to meaningful language access to healthcare, qualification standards for translators and interpreters, and limitations on the use of minors and family members as translators in healthcare settings. Regulated entities would also continue to be required to provide written assurance to the Department that they will comply with Section 1557’s civil rights provisions and the proposed regulation.

“We are committed to full enforcement of civil rights laws before, during, and after any rulemaking,” said Severino. “We are also committed to the elimination of regulations that contradict law or raise the costs of healthcare without achieving intended results.”

Removing Costly and Unnecessary Regulatory Burdens

The proposed revisions would eliminate $3.2 billion in unneeded paperwork burdens imposed by the 2016 rule. Covered entities report that the 2016 rule requires them to send billions of “tagline” notices each year informing patients and customers of their ability to have “significant documents” translated in at least 15 languages. When HHS adopted the 2016 rule, it projected notice and taglines costs of about $7.2 million in the first five years. Because the 2016 rule did not fully account for printing and mailing costs associated with these notices and taglines, it underestimated the burden of these requirements by over three billion dollars over five years. Instead of requiring regulated health companies to mail billions of paper taglines to mostly English speakers, the money saved could be used to more effectively address individual needs of non-English speakers such as by providing increased access for translators and interpreters.

The proposed Section 1557 rule estimates an additional savings of approximately $400 million over five years by eliminating duplicative requirements and reverting to well-established language access guidance, resulting in a total savings of approximately $3.6 billion in the first five years after finalization.

“As a child of Hispanic immigrants, I know how vitally important it is that people receive quality healthcare services regardless of the language they speak, and this proposal grants providers the needed flexibility for achieving that goal,” said Severino. “The American people are tired of unnecessary regulations getting in the way of access to affordable healthcare, and today’s proposal would remove $3.6 billion in regulatory burdens that are ultimately being passed down to patients, Severino concluded.


Click to read the proposed regulation Factsheet on Section 1557- PDF.

###

*This HHS-approved document is being submitted to the Office of the Federal Register (OFR) for publication and has not yet been placed on public display or published in the Federal Register.  This document may vary slightly from the published document if minor editorial changes are made during the OFR review process.  The document that will be published in the Federal Register is the official HHS-approved document. 

*People using assistive technology may not be able to fully access information in these files at this time.  For assistance, please email OCR at OCRMail@hhs.gov or contact the OCR Call Center at (800) 368-1019.

*A Spanish version of this press release and the Factsheet will be provided in the near future.

Friday, December 7, 2018

Essay 12: Can transgender activism silence science?


Drastic? "The Trump administration is
considering narrowly defining gender
as a biological, immutable condition
determined by genitalia at birth...."
Photo by Kira auf der Heide on Unsplash
The New York Times recently published apparently leaked information about plans at the U.S. Department of Health and Human Services (HHS) to adjust a 2016 transgender mandate. The adjustment involves reverting to the original Congressional statutory meaning of "sex discrimination" as discrimination based on biological sex.

Monday, November 5, 2018

When transgender ideology drives research


Even researchers who support transgenderism in adults experience attacks when raising researched concerns about children transitioning from one sex to another.
Dr. Debra Soh
In a Los Angeles Times commentary entitled, "Are gender feminists and transgender activists undermining science?," sexologist and Playboy.com contributor Dr. Debra Soh writes,
"Currently available research literature — including four studies published in the last nine years — suggests that 61% to 88% of gender dysphoric children will desist and grow up to be gay adults. (Or, in my case, a straight adult). They won't continue to identify as the opposite sex in adulthood. In one study of 139 gender dysphoric boys, 122 (88%) of the boys desisted. While transitioning can be beneficial for transgender adults, it therefore doesn't make sense to treat trans children in the same way.
"Nevertheless, transgender activists and their allies have branded desistance as a "myth," and those who suggest otherwise are called bigots or, dismissively, trolls.
"Distortion of science hinders progress. When gender feminists start refuting basic biology, people stop listening, and the larger point about equality is lost.
"But ignoring the science around desistance has serious consequences; it means some transgender children will needlessly undergo biomedical interventions, such as hormone treatments.
"…[I]t's never a good idea to dismiss scientific nuances in the name of a compelling argument or an honorable cause. We must allow science to speak for itself."[1]
Dr. Soh eventually left academia because it was no longer a place to pursue and proclaim truth. In a video interview, she noted,
"As to my decision to leave academia, In the last two years I had noticed that things were starting to go a bit weird, in terms of the climate."[2]
Her concern increased when media reports kept heralding the supposedly wonderful benefits to children of transitioning from one sex to another, despite the fact that scientific research finds otherwise. Dr. Soh explains,
"Research shows that the majority of kids that are gender dysphoric actually outgrow their feelings. So it makes sense for them to wait—not to transition at a young age. So I wanted to write a mainstream piece about this.
"And there's been a very long history between transgender activists and sex researchers—a very ugly history of activists going after sex researchers if they don't like what someone's study says or what they say publicly.
"So I thought about it for a long time. I wrote the piece and I sat on it for probably about six months. I wasn't sure if I wanted to put it out.
"I asked a bunch of colleagues and my mentors, and they all said, 'You know what, the science is solid, but you know what's going to happen if you do put this out.
"And at the time, I wanted to stay in academia, and I said, 'Shall I wait until I get tenure?' And everyone told me, 'Even if you have tenure, nowadays it's not a good protector. You can still lose your job.'
"So I decided, actually, that I couldn't stay quiet. And I thought, 'I'm not going to stay in an environment where I can't speak the truth and I can't even pursue questions that are meaningful anymore because I have to worry about who's going to get mad, and then I'm going to lose my money—my funding—and I'm going to lose my job.
"So that piece went out. It's called, 'Why Transgender Kids Should Wait to Transition.'[3]"And then I haven't looked back since."[4]




[1] Debra W. Soh, "Are gender feminists and transgender activists undermining science?" Los Angeles Times, February 10, 2017. Accessed online October 24, 2018 at http://www.latimes.com/opinion/op-ed/la-oe-soh-trans-feminism-anti-science-20170210-story.html.
[2] The Rubin Report interview with Debra Soh, "Sex Research, Asian Discrimination, and #MeToo (Debra Soh Full Interview), August 10, 2018. Accessed online October 24, 2018 at https://www.youtube.com/watch?v=VkhDZMwR9eQ.
[3] Debra Soh, Ph.D., "Why Transgender Kids Should Wait to Transition," Pacific Standard, September 1, 2015, accessed online October 24, 2018 at https://psmag.com/social-justice/why-transgender-kids-should-wait-to-transition. Also reprinted at Wall Street Journal, September 4, 2015 at https://www.wsj.com/articles/notable-quotable-transgender-children-1441406728, accessed October 24, 2018.
[4] The Rubin Report interview with Debra Soh, "Sex Research, Asian Discrimination, and #MeToo (Debra Soh Full Interview), August 10, 2018. Accessed online October 24, 2018 at https://www.youtube.com/watch?v=VkhDZMwR9eQ.

Thursday, March 29, 2018

Essay 7: Conscience freedoms protect against ideological agendas

Editor's Note: This is the seventh essay in a series on conscience in healthcare, by Freedom2Care Director Jonathan Imbody. For the other essays, click "ConscienceEssay" on Topics at left.
With pro-life individuals increasingly targeted,
conscience laws can help protect both
patients and professionals from discrimination.
On January 26, 2018, the U.S. Department of Health and Human Services (HHS) proposed a conscience protection rule designed to enforce and educate regarding "a long history of providing conscience-based protections for individuals and entities with objections to certain activities based on religious belief and moral convictions. "[i]
The rule specifically cited over two dozen existing federal statutes protecting the exercise of conscience in healthcare, both for patients and professionals. Included in the laws are:
·      

Monday, March 26, 2018

Comment by March 27 on new HHS conscience rule that erects a wall against ideologically driven assaults

Action: Submit your comment by Tuesday, March 27 to protect conscience in healthcare

Today I submitted a document to the U.S. Department of Health and Human Services outlining the reasons why a new proposed conscience protection rule serves the interests of health professionals and their patients:

TO: Department of Health and Human Services, Office for Civil Rights RIN 0945-ZA03
FROM: Christian Medical Association and Freedom2Care - Jonathan Imbody
RE: RIN 0945-ZA03 or Docket HHS-OCR-2018-0002
DATE: March 26, 2018

Protecting Statutory Conscience Rights in Health Care; Delegations of Authority

The following narrative offers answers to specific requests for comments (marked below with numbers and quotations) outlined in the text of the proposed rule.

·       "Comment on all issues raised by the proposed regulation."

The Christian Medical Association and Freedom2Care, representing combined constituencies of nearly 50,000 individuals who are committed to the moral and ethical practice of medicine, heartily applaud this proposed rule. We laud the Department for producing an outstanding tool to enforce existing conscience protection law and to educate regarding our most cherished principles of freedom.
The proposed rule clearly and thoroughly lays down the legal and rational foundation for the Department's enforcement of and education about existing federal law that protects the exercise of conscience and religious convictions in healthcare, both for patients and for professionals. Given the priority of conscience and religious freedom in our nation's founding, in our Constitution and in our legal tradition, the case could not be clearer for restoring the rightful place of these freedoms among other civil rights laws and principles.
Only willful political corruption and ideologically driven assaults on these core founding principles can explain why in 2018 the universal integration of conscience and religious freedom in healthcare remains incomplete. Therefore the proposed rule offers a welcome, if long overdue, course correction to get the nation back on track on the principles on which this democratic republic depends.
While the proposed rule offers hope of a renaissance of a political, cultural and professional commitment to freedom of conscience and religious exercise, ideological forces within government, academia and the healthcare community continue to subvert these freedoms. As a survey of medical and academic publications will indicate, abortion advocacy and a strong undercurrent of intolerance for faith-based and pro-life commitments would sweep out of medicine any and all health professionals who hold to such ideals. A radical and authoritarian ideology that marches under the false flag of "patient autonomy" would force all professionals to participate in any legal procedure or prescription, regardless of professional judgment, medical ethics or moral convictions.
The result of such intolerance and coercion, left unchecked by federal law, court action and regulatory enforcement, would be a catastrophic loss of healthcare for millions of American patients. Hardest hit by the loss of pro-life and faith-based professionals and institutions would be the poor, the marginalized and the medically underserved.
By enforcing the freedom of pro-life and faith-based health professionals to continue to practice medicine, the proposed rule protects patient access to a diverse pool of health professionals and institutions. In the process, the rule also upholds and advances core American values of freedom.

To read the rest of the document, click here.

To learn how to quickly (30 seconds) submit your own comment on the proposed rule (deadline Tuesday, March 27) using a pre-written, editable form, click here.

To watch a quick video explanation, click here.


Thursday, February 22, 2018

Essay 6: New HHS division, conscience freedom laws and policies protect patients and physicians



The new HHS division implements 25 federal conscience laws

Editor's Note: This is the sixth essay in a series on conscience in healthcare, by Freedom2Care Director Jonathan Imbody. For the other essays, click "ConscienceEssay" on Topics at left.

In January 2018, the U.S. Department of Health and Human Services announced the creation of a new division within its Office of Civil Rights—the Conscience and Religious Freedom Division.[i] The new division now serves as a center for information on 25 federal conscience laws, outlined on the division's website, including:[ii]

Friday, January 19, 2018

Christian Medical Association physicians laud new federal conscience rule as protecting patient access to healthcare

Washington, DC—January 19, 2018--Today the Christian Medical Association (CMA, www.cmda.org) the nation's largest faith-based association of physicians and other health professionals, said a new proposed rule announced today by the U.S. Department of Health and Human Services Office of Civil Rights (HHS OCR) will help protect patient access to healthcare.
The rule will enforce 25 existing statutory conscience protections, including major pieces of legislation passed by significant bipartisan majorities over the years since the 1973 Roe V. Wade Supreme Court decision contravened the Hippocratic oath and suddenly made pro-life physicians vulnerable to discrimination and job loss for declining to participate in what suddenly became a legal procedure nationwide.
CMA CEO Dr. David Stevens noted, "There are already laws on the books, and this proposed rule will help address the injustices that those laws were designed to prevent. Our members have been discriminated against and some have even lost positions for speaking out."
CMA Vice President for Government Affairs and Director of Freedom2Care, Jonathan Imbody, explained, "Polling indicates that faith-based physicians will be forced to leave medicine if coerced into violating the faith tenets and medical ethics principles that guide their practice of medicine. These faith-based health professionals do not and cannot separate the faith principles that motivate them to help others and serve the needy from the faith principles that uphold the sanctity of human life.
"So conscience protections like the proposed rule announced today are key to not only protecting American freedoms of faith and conscience; they are also key to protecting patient access to principled healthcare."


Wednesday, August 23, 2017

In Defense of Healthy Children: Recent Papers Expose the Truths About Dangerous Gender Dysphoria Treatments


Editor’s note: The following commentary reflects the personal views of the author and does not represent the official stance of the Christian Medical and Dental Associations




The most popular therapies to treat gender dysphoria in children are dangerous and biased, according to new research published in, Growing Pains: Problems with Puberty Suppression in Treating Gender Dysphoria.” by Johns Hopkins physicians Hruz, Mayer, and McHugh.


Key Takeaways


  • The effectiveness and success of gender-affirmation therapy and its use of puberty-blocking hormones is unknown, unproven and unapproved by the FDA.

  • Despite the claim that puberty suppressors are “fully reversible,” puberty suppressors have not been proven either reversible or harmless.

  • Physicians are advising children to endure experimental treatments to treat a mental disorder that has a 95% chance of disappearing with time.

  • Gender-affirmation treatments lead most children toward a transgender adulthood, a lifestyle known for its 41% suicide rate.

  • Parents deserve full and unbiased information when making choices concerning their children’s health, and an objective review of the evidence concerning the gender-affirmation approach.


You walk into a doctor’s office with your child who isn’t feeling right. The doctor proposes two treatments: one has a 95 percent chance of success and the other increases the risk of death by 41 percent.  Which would you choose?   


This scenario depicts the gender dysphoria debate stripped to its bare bones. If the child was being seen for any other condition besides gender dysphoria, the later treatment would never even be considered. It would appear that too often, physicians who propose puberty-blocking hormones may be unduly swayed by cultural pressures and emotional appeals.


Physicians and parents alike should understand that they do not need to sacrifice good medicine and good parenting in order to be loving and caring towards these children. Sometimes we have to wipe our children’s and patient’s tears away and still say “no.”  


When our children feel like breaking into the medicine cabinet, our hearts skip a beat as we slam the cabinet door shut. And yet, when our children tell us they feel that they want to be a different gender, why would our default be to accommodate that feeling with experimental drug treatments?  


With transgender activism sweeping society, children who identify as “trans” are being welcomed into the spotlight. But should such activism and ideology dictate decisions parents make concerning their children's health?  


An objective review of the evidence on “transitioning” into another sex is not as cut and dried as Caitlyn Jenner and other trans activists might make it seem.


Leading Medical Experts Concerned About Children


In a paper entitled, “Growing Pains: Problems with Puberty Suppression in Treating Gender Dysphoria,” published this month in The New Atlantis, three medical experts laid out the groundbreaking results of their research.


Physicians Paul W. Hruz, Lawrence S. Mayer, and Paul R. McHugh conclude that families are not being properly educated about their children’s gender dysphoria.


The Johns Hopkins experts conclude that the research, statistics, studies, and results do not support the methods of treatment and therapy which are currently being presented as the healthiest and most loving option for children with gender dysphoria.


Physicians are telling parents that their sons and daughters are trapped in the wrong body and in order to free them from their mental anguish they need to take medical action. This popular form of consultation is known as gender-affirmation therapy. Rather than strive to help the gender dysphoric child to accept their biological gender, the physician or therapist affirms whatever gender the child prefers.


Assuming children to be fully capable of understanding their gender identity at a very young age, gender-affirmation therapy charges children to make decisions that will affect the rest of their lives. We put age restrictions on driving motor vehicles, the consumption of alcohol, enlisting in combat, even when purchasing a rental car, because we recognize the limits of adolescent maturity both mental and physical. And yet physicians are expecting 9 year olds to decide whether or not they’d like to retain their fertility in adulthood.(1)  


Unfortunately, many families will never hear about reputable studies that contradict the gender-affirmation position.  For instance, one study found that 80-95% (2) of children with gender dysphoria will grow out of gender dysphoria and will embrace the gender of their biological sex. In his 2016 report, Sexuality and Gender,(3) McHugh discovered that the concept of gender is very fluid among children. He insists that children are not fully capable of grasping the concept of gender identity. But this is exactly what is to be expected of children according to the leading medical and advocacy groups who monopolize this discussion.


The medical community is presenting the gender-affirmation approach as the only compassionate response to gender dysphoric children and usually results in the child eventually transitioning into a transgender adult.  They characterize all opposing views, such as the opinion of Hruz, Mayer, and McHugh, as bigoted and anti-LGBTQ. Although the opinions of these qualified medical experts are rooted in sober science and a concern for children, the heated rhetoric of the left-wing gender ideologues will characterize them as superstitious religious zealots whose opinions are a form of hate speech.  An example of this can be found in a leftist rebuttal of McHugh’s report, in which a “trigger warning” is shown prior to The New Atlantis’ interview with McHugh and Mayer.(4)




This particular counterargument coveys a common example of discrimination in which the credibility of the report is rejected due to the author and publisher’s Judeo-Christian beliefs.   
Physicians and patients alike should be wary of any ideology forming a dictatorship over the medical community.  Scientific facts do not always coincide with the fashions and fads of the times. Patients ought to be able to find comfort in their physician's reliance upon unbiased data.     


Misguided “Guidelines” and Experimental Treatments




Puberty suppression is a hormone intervention that prevents the normal progression of puberty:


“...The testicles and penis of the boy undergoing puberty suppression will not mature, and the girl undergoing puberty suppression will not menstruate. The boy undergoing puberty suppression will have less muscle mass and narrower shoulders than his twin, while the breasts of the girl undergoing puberty suppression will not develop. The boy and girl undergoing puberty suppression will not have the same adolescent growth spurts.”(5)   


Medical experts who endorse puberty suppression have been publishing guidelines for treatment which suggest that children as young as age 9 can begin receiving puberty-blockers and then at age 16 be administered cross-sex hormones.  Doctors Hruz, Mayer, and McHugh discovered no well-established consensus about the safety and efficacy of these treatments. Regarding treating any patient, particularly a child, administering drugs is a step which should always be taken with great prudence, especially when the medications have not been tried and tested. Hruz, Mayer, and McHugh insist that experimental treatments for children must always be subject to intense scrutiny since 1) children cannot provide their own legal consent, and 2) they are consenting to become a subject to an unproven therapy.  


Since puberty-suppression treatments were originally developed to normalize puberty for children who undergo puberty too early, all clinical trials undergone for these medications focused on delaying precocious puberty. Only in 1990 did physicians begin using these medications for treating otherwise physiologically healthy children who exhibited gender dysphoria.


These medications have never been approved by the FDA for treating children with gender dysphoria.


Hruz, Mayer, and McHugh assert, “Whether blocking puberty is the best way to treat gender dysphoria in children remains far from settled, and it should be considered not a prudent option with demonstrated effectiveness but a drastic and experimental measure.”(6)


False Claims of Reversibility


Medical experts who attest to the provenness of puberty suppression also assure their patients and their families, absent any proof, that these medications are “fully reversible.”


Even LGBTQ advocacy groups such as the Human Rights Campaign have noted how “extremely distressing” the development of secondary sex characteristics can be and that “some of these physical changes, such as breast development, are irreversible or require surgery to undo.”(7)


Hruz, Mayer, and McHugh insist, “It seems difficult to expect that a 12-year-old would have an understanding of the effects of these complex medical interventions and of the ‘social consequences of sex reassignment’ when these are matters that are poorly understood by doctors and scientists themselves.”(8)


Should Encouraging Your Child to Transition Take Priority Over Their Health?

Children want to be happy, to “fit in”, to be loved.  These are perfectly natural desires which both physician and parents wish for the child.  Yet the means to achieve these goals may not be the most avant-garde approach.


Hruz, Mayer, and McHughs urge families to consider the very real possibility that therapies which involve puberty-suppression and cross-sex hormones will inevitably lead to the child desiring sex-reassignment surgery.  In other words, gender-affirmation therapy commonly leads to transgenderism. Transgenderism has not been shown to heal children from their existing mental ailments. No follow up studies ensure that the child’s gender dysphoria and their depression and suicidal thoughts will desist. Reliable studies that even transgender advocates cite convey shocking results:


  • The transgender population shows a 41% suicide rate compared to the 4.6 rate (9) of the general population.
  • People who have had transition surgery are 19 times(10) more likely than average to die by suicide.


Some argue that the morbidity rates associated with transgenderism are entirely due to the unproven “social stress model,”(11) which attributes the social stress of the individual to discrimination and stigmatization. The medical community simply does not yet know why the transgender population experiences such tragic mental health outcomes.


If the goal of the physician and the parent is to relieve a child of mental anguish, they must look these disconcerting facts straight on and accept that there is a high chance that a transgender lifestyle may not be the best solution.


Protecting Our Children  
Photo by kazuend on Unsplash


The health of little boys and little girls must never fall victim to the ideological or political movements of the present age.


Protecting our children’s health requires both sober science and loving hearts.  


When a daughter struggling with anorexia comes to her parents for help, we would never expect her parents to affirm their daughter’s belief that she is fat. A physician would never prescribe a weight-reduction diet for the daughter.


The anorexia analogy does not sit well with the transgender community.  This is largely due to the widespread belief that gender dysphoria is a biological orientation--something we are born with, fixed and immutable. Children struggling with gender dysphoria are constantly consuming what the media and the most popular youtubers inform them concerning transgenderism. Unfortunately, these outlets do not provide reliable medical facts. Qualified medical experts like Hruz, Mayer, and McHughs conclude that there is no evidence that gender dysphoria among children is fixed. McHugh explains these conclusions in the report he co-authored with Dr. Mayer, Sexuality and Gender.  In an interview concerning his report, McHugh claimed that the science is never settled, saying “The claim that it is settled now; that the issues such as born that way or you’re fixed or it’s immutable. There is no evidence from the science that those things are correct.”(12)




McHugh’s results may not parallel the party line, but his approach is unbiased and rooted in genuine concern for a vulnerable population prone to severe mental disorders and a high morbidity rate.


As far as medical research can tell us, the path down which physicians and families are ushering vulnerable children is dangerous and even deadly.  Parents must not cease in performing their duty as parents: to love and protect. Any therapy that families pursue should be rooted in the best and safest medicine. Perhaps the best therapy a parent can provide is affirming that a child’s worth, value, and identity is not rooted in gender but in the fact that they are loved and wonderfully made.   

---------------------------------------------------------------


Paul R. McHugh, M.D. is University Distinguished Service Professor of Psychiatry and a professor of psychiatry and behavioral sciences at the Johns Hopkins University School of Medicine. He served for twenty-six years as the psychiatrist-in-chief at the Johns Hopkins Hospital.


Lawrence S. Mayer, M.B., M.S., Ph.D. is a scholar in residence in the Department of Psychiatry at the Johns Hopkins University School of Medicine and a professor of statistics and biostatistics at
Arizona State University.


Paul W. Hruz, M.D., Ph.D. is an associate professor of pediatrics, endocrinology, and diabetes and an associate professor of cell biology and physiology at Washington University School of Medicine in St. Louis.


Sources:






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