Abraham Jewett  |  July 22, 2022

Category: Legal News

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Transgender flag waving against blue sky, transgender pride flag in a street.
(Photo Credit: Savvapanf Photo/Shutterstock)

HHS gender transition services lawsuit overview: 

  • Who: The American College of Pediatricians, the Catholic Medical Association, and Jeanie Dassow, M.D. filed a complaint against the U.S. Department of Health and Human Services, HHS Secretary Xavier Becerra, and the Office for Civil Rights of the HHS and Lisa J. Pino, its director of the Office for Civil Rights of the HHS.
  • Why: Dassow and the nonprofit doctor groups claim the HHS is acting unconstitutionally by requiring doctors to offer gender transition services even if they have ethical or religious objections. 
  • Where: The lawsuit was filed in Tennessee federal court. 

The U.S. Department of Health and Human Services (HHS) has been accused of violating the constitution by requiring doctors to offer gender transition healthcare services regardless of their ethical or religious objections. 

Plaintiffs the American College of Pediatricians, the Catholic Medical Association, and Jeanie Dassow, M.D. claim the HHS, along with its secretary, Xavier Becerra, and Lisa J. Pino, the director of the Office for Civil Rights of the HHS, are violating an anti-discrimination provision of the Affordable Care Act (ACA) by incorporating gender transition healthcare into the ACA. 

Dassow and the nonprofit doctor groups argue HHS is improperly reinterpreting Section 1557 of the ACA in order to include gender identity. They have asked a Tennessee federal court to prevent the HHS from being able to enforce what they refer to as a “gender identity mandate.” 

HHS argues it is not unconstitutional to require doctors to offer gender identity services

The HHS, meanwhile, has argued that it is not acting unconstitutionally and that the complaint should be dismissed due to Dassow and the nonprofit doctor groups failing to meet “the rigorous requirements for standing to challenge a hypothetical future enforcement action.” 

Furthermore, the HHS argues Dassow, the American College of Pediatricians, and the Catholic Medical Association have failed to demonstrate an injury sufficient enough to give their complaint standing. 

In March, the parents of a transgender teenager filed a lawsuit aimed at preventing the Texas Department of Family and Protectives Services from being able to investigate them and other parents of transgender youth in the wake of a directive made by Texas Gov. Greg Abbott. 

Experts have said that a wave of anti-transgender bills are likely to end up in front of the Supreme Court, with a record number of bills already proposed this year which would limit LGBTQ Americans’ rights. 

Do you believe it is unconstitutional for the HHS to require doctors to offer gender identity services? Let us know in the comments! 

The plaintiffs are represented by Jonathan A. Scruggs, Ryan Bangert, Matthew S. Bowman and Julie Marie Blake of Alliance Defending Freedom and Anthony Biller of Envisage Law.

The HHS Gender Transition Services Lawsuit is American College of Pediatricians, et al. v. Becerra, et al., Case No. 1:21-cv-00195, in the U.S. District Court for the Eastern District of Tennessee. 


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One thought on Health and Human Services lawsuit alleges agency unconstitutionally forces doctors to offer gender transition health care

  1. thomas howard says:

    Do you believe it is unconstitutional for the HHS to require doctors to offer gender identity services? Let us know in the comments!

    Yes it is unlawful for a man to “transition” into a woman.

    doctors who do such things should be put in prison and charged with illegal tampering with gender

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