Florida Attorney General Ashley Moody and the Catholic Medical Association (CMA) filed a lawsuit against the Biden administration, contesting a newly published rule by the U.S. Department of Health and Services (HHS).
The rule, announced on Monday, aims to prevent discrimination in healthcare based on gender identity, stemming from an anti-discrimination provision within the Affordable Care Act.
Moody and the CMA argue that the rule extends beyond the scope of anti-discrimination laws, compelling doctors to provide gender transition care, including puberty blockers, hormones, and surgeries, even if it conflicts with their medical or ethical judgment.
They emphasize that such treatments, known as gender-affirming care, may violate Florida law, particularly concerning minors.
The lawsuit alleges that the rule infringes upon states’ rights and violates doctors’ freedom of speech and religion under the First Amendment.
Seeking an injunction against its enforcement, the plaintiffs contend that the rule is “arbitrary and capricious” and impinges on medical professionals’ autonomy.
HHS has not yet responded to the lawsuit. However, major medical organizations, including the American Academy of Pediatrics, have asserted that gender-affirming care is essential and potentially life-saving. They argue against restrictions, considering them discriminatory.
President Biden, through an executive order in 2022, directed federal agencies to ensure access to gender-affirming care and prevent discrimination against transgender individuals.
Republican-led states have enacted laws targeting transgender rights, such as bans on gender-affirming care for minors and restrictions on transgender students’ participation in sports.
The legal challenge adds to the ongoing debate over transgender rights and healthcare access, highlighting the tension between federal mandates and state autonomy.
