Judge strikes down Biden Administration rule on gender identity in healthcare
JACKSON, Miss. — A federal judge in Mississippi has struck down a Biden administration rule that would have expanded the definition of “sex” discrimination under the Affordable Care Act to include “gender identity” and “sexual orientation.”
The U.S. District Court for the Southern District of Mississippi ruled that the Department of Health and Human Services (HHS) exceeded its authority. The decision is a victory for a 15-state coalition, led by Mississippi Attorney General Lynn Fitch and Tennessee Attorney General Jonathan Skrmetti, which filed the lawsuit.
The states argued the rule would have unlawfully coerced healthcare providers into performing gender-transition procedures or prescribing related drugs, even if it violated their medical judgment.
“The Biden administration attempted to import its radical theories on gender identity into ObamaCare, forcing healthcare providers to perform surgeries or prescribe drugs even if it violated their best medical judgment,” Fitch said in a statement. “I am proud to stand with my colleagues from across the country as we fight to undo the Biden administration’s extremist political agenda.”
In its order, the court agreed with the plaintiffs, stating that the definition of “sex” was limited to biological sex when the law was written.
“Congress only contemplated biological sex when it enacted Title IX in 1972,” the court’s order states. “Therefore, the Court finds that HHS exceeded its authority by implementing regulations redefining sex discrimination and prohibiting gender-identity discrimination.”
The court issued a universal vacatur, which blocks the HHS rule from taking effect nationwide, not just in the states that were part of the lawsuit.
The 15-state coalition included Mississippi, Tennessee, Alabama, Georgia, Indiana, Kansas, Kentucky, Louisiana, Nebraska, Ohio, Oklahoma, South Carolina, South Dakota, Virginia, and West Virginia.
