A federal judge in Mississippi has blocked enactment of a Biden administration rule designed to prevent medical care from being denied to those seeking treatment related to gender identity or sexual orientation.
The lawsuit U.S. Southern District Judge Louis Guirola Jr. ruled on Wednesday was filed by 15 states, including Mississippi. But he said his injunction preventing the Biden administration from enforcing its rule would apply nationwide. His ruling is likely to be appealed.
On social media, the Human Rights Campaign proclaimed, “This is not over. All LGBTQ+ people should receive the health care we deserve and be able to make informed decisions about our own bodies.”
The Biden administration rule enacted earlier this year is designed to ensure those seeking medical care on the basis of gender identity or sexual orientation are not subject to discrimination. The rule is supposed to cover entities receiving federal funds for the delivery of health care.
The states argued against being forced to provide gender-affirming care through Medicaid programs or through health plans for state employees. In addition, the states argued against private insurance companies being required to provide such care.
“Injecting gender identity into our state’s medical system is a dangerous pursuit of a political agenda from the Biden Administration,” Mississippi Attorney Lynn Fitch said in a statement. “Medical professionals should not be forced to provide gender transition surgeries or drugs against their judgment and hospitals should not be prohibited from providing women-only spaces for patients. I am proud to lead the multistate effort with Tennessee Attorney General Jonathan Skrmetti to stop the Biden Administration and push back on this reckless rule.”
The lawsuit is one of many filed by attorneys general and others objecting to the Biden administration interpreting Title IX to apply to banning discrimination based on sexual orientation and sexual identity. Congress passed, and President Richard Nixon signed into law, Title IX in 1972 to ban sexual discrimination.
In response to one of the similar lawsuits ruled on earlier in Louisiana, Kelley Robinson, president of the Human Rights Campaign, said, “Every student … deserves to be safe. Every young person deserves protection from bullying, misgendering and abuse.”
Robinson added, referring to the earlier court ruling, “This is MAGA theatrics with the dangerous goal of weaving discrimination into state law.”
Mississippi has passed a state law prohibiting minors from receiving gender-affirming care even if it is recommended by physicians.
On social media, Gov. Tate Reeves said, “The Biden Administration attempted to undermine Title IX by dramatically reinterpreting its meaning to now apply to gender identity. Thankfully, a federal court judge has sided with Mississippi and other states who chose to stand up for women and defend Title IX as it currently exists.”
The lawsuit filed by Fitch and other attorneys general argued that their states could be penalized by the loss of federal Medicaid funds, for example, if they did not adhere to the rule.
In blocking the rule. Guirola cited the Chevron case where the U.S. Supreme Court recently said that federal agencies should not be given deference in their rules-making.
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