Florida Files Lawsuit Against the Biden Administration to Block Regulation Regarding Gender Transition Treatments

florida Files Lawsuit Biden administration Halt Regulation Gender Transition Treatments transgender

By Jackelyn Cornejo , Parent Herald May 08, 11:30 am

Photo: (Photo : OBIAS CANALES/Hans Lucas/AFP via Getty Images )

Florida's chief legal officer and a Catholic medical association initiated legal action against the Biden administration on Tuesday, seeking to halt a regulation they argue would compel physicians to provide gender transition treatments despite their objections or face severe penalties.

Florida Files Lawsuit Against the Biden Administration

The lawsuit, brought forth by Florida Attorney General Ashley Moody and the Catholic Medical Association (CMA) and filed in federal court in Tampa, marks a current rule released by the U.S. Department of Health and Human Services (HHS).

This rule, written on Monday, aims to hinder healthcare bias based on gender identity, drawing from a non-biased clause within the Affordable Care Act, typically known as Obamacare, which prohibits sex bias.

In their legal difficulties, Moody and CMA argue that the new regulation continues beyond anti-discrimination statutes, necessitating medical professionals to govern, and insurers to cover, procedures such as puberty blockers, hormone therapies, and surgeries for transgender people, including minors, contrary to their medical or ethical beliefs. They contend that this strife with a Florida law prohibitive such interferences, typically termed gender-affirming care, for minors.

Moody conveyed concern over the federal government's effort to revoke state regulations protecting citizens, specifically children, stating, "These rules trample states' power to protect their citizens and we will not stand by as Biden tries, yet again, to use the force of the federal government to unlawfully stifle Florida's effort to protect children."

The accusers affirm that the rule is "arbitrary and capricious" under federal regulations governing agency rulemaking. They also assert a breach of physicians' rights to free speech and religious freedom under the First Amendment of the U.S. Constitution.

Looking for judicial interference, they appeal an injunction against the implementation of the regulation. HHS did not quickly answer requests for comment.

Bans on Gender-Affirming Medical Treatments for Transgender Students

While HHS and prominent medical bodies like the American Academy of Pediatrics have highlighted the medical need and probable life-saving nature of gender-affirming care, labeling limitations on it as discriminatory, Republican-led states have followed legislative measures targeting transgender people. These include prohibitions on gender-affirming care for minors and restrictions on transgender students' participation in sports.

The legal action follows former lawsuits by Republican states against the Biden administration, including difficulties in a rule prohibitive schools and colleges getting federal funding from discriminating against transgender students.

The legal difficulties against Florida's prohibition on gender-affirming care for minors and limitations on adults are already continuous in a federal court in Tallahassee.

The trial for this case, brought by transgender children, their parents, and transgender adults, happened in December, looking forward to the judge's ruling.

Equality Florida, an LGBTQ+ advocacy group, critiqued the lawsuit, calling it a disturbance from compelling concerns such as inflation and teacher pay.

Moody's 84-page accusations, filed on behalf of numerous Florida state entities and the Catholic Medical Association, contend that the regulations violate the Administrative Procedure Act and the Spending Clause.

It also contends that the regulations infringe upon CMA members' freedom of religion and speech by requiring compliance with practices they consider unethical and contrary to their religious beliefs.

This legal action follows Moody's recent involvement in challenging Biden administration rules protecting transgender individuals from discrimination in educational institutions.