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"Transgender" Is Not A Federal Civil Rights Category

Daily Caller commentary by Thomas Ascik

February 1, 2017

In Franciscan Alliance v. Burwell, a case originating in Texas, Christian medical associations, citing religious liberty, and eight states, citing the Tenth Amendment, sued to stop the Obama administration from forcing them to provide "gender transition surgery" and abortion. The Franciscan Alliance identified itself as providing "faith-based, integrated healthcare," and the Christian Medical Association stated its purpose as "integrating faith with professional practice." The federal district court ruled on the last day of 2016 that "the text, structure, and purpose" of Title IX showed that Congress unambiguously "intended to prohibit sex discrimination on the basis of the biological differences between males and females." Since the passage of Title IX in 1972. Congress had had several legislative opportunities, the court observed, to expand or replace "sex" with "gender." - "If Congress had intended to enact a new, different, or expansive definition of sex discrimination" in the Affordable Care Act, "it knew how to do so." In ruling that the words "sex" and "gender" had different legal meanings, the court also referred to outside sources, including from the gay and transgender community, as in this statement from a transvestite journal, "I, at least, know the difference between sex and gender."

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Filed under: Christian Medical AssociationBecket LawGender

Chip Gaines: "Fight for a world that knows how to lovingly disagree"

Focus on the Family commentary by Jake Roberson

January 30, 2017

"This past year has been tough. In my lifetime, I can't recall humanity being more divided. Plenty of folks are sad and scared and angry and there are sound bites being fed to us that seem fueled by judgment, fear, and even hatred. Jo and I refuse to be baited into using our influence in a way that will further harm an already hurting world, this is our home. A house divided cannot stand. If there is any hope for all of us to move forward, to heal and to grow - we have got to learn to engage people who are different from us with dignity and with love. One of them is this: we care about you for the simple fact that you are a person, our neighbor on planet earth."

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Filed under: CommentariesMarriageHomosexuality

Federal Judge: Regulation Suppressing Religious Diversity of Health Providers is Illegal

IRFA News commentary by Stanley Carlson-Thies

January 19, 2017

The court reminded the federal Department of Health and Human Services, the issuer of the regulations, that when Congress, as in the Affordable Care Act (Obamacare), prohibits "sex" discrimination, that's what it is prohibiting, not also discrimination on the basis of "gender identity" and "termination of pregnancy." Congress can expand nondiscrimination requirements, but the regulators cannot just do the same thing on their own. ...Part of the judge's reasoning in stopping the regulation is that it would essentially prohibit a doctor from refusing to perform certain procedures even though the doctor is sure that the procedure will harm, rather than help, the patient-and despite the fact that the federal government itself is doubtful that transition procedures are always positive.

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Filed under: CourtsGenderHealthcare

What President-elect Trump can do about religious freedom

Fox News commentary by Tony Perkins

January 16, 2017

Our foreign policy, contrary to the law, has not prioritized religious freedom like it should. President-elect Trump must direct that religious freedom be properly integrated into all foreign policy of the United States at every level. As even the United Nations has recognized, religious freedom is not just an American right, it is a human right. Defending that human right has been an American value until recent years. President-elect Trump should also follow through with his pledge to issue an executive order, reinstating government-wide protections for religious liberty. But executive orders halting attacks on religious freedom are just the start, there are many more anti-religious freedom policies of the Obama administration that must be reversed. That's why government nondiscrimination legislation is needed to protect supporters of marriage between one man and one woman. People of faith should not be punished by the government for living in accordance with their beliefs.

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Filed under: CommentariesReligious freedomFamily Research Council

Federal Court Blocks Transgender Mandate

Ethics and Religious Liberty Commission newsletter

January 6, 2017

Had the rule gone into effect, Christian doctors could have lost their jobs or been sued for discrimination for refusing to perform gender transition procedures on children. The mandate would have also required most private health insurance policies to cover transition procedures for minors. The injunction is thus a significant step in protecting children, religious liberty, and rights of conscience for healthcare workers. In a comment about this lawsuit last October, ERLC president Russell Moore told Baptist Press, "Though confusion over gender and sexual identity is real and should be met with compassion, it would be a travesty for the federal government to steamroll consciences in the name of ideology."

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Filed under: CommentariesGenderHealthcare

VICTORY in HHS transgender mandate case

Becket Fund wins nationwide injunction for Christian Medical Association, others

December 31, 2016

WASHINGTON, D.C. - Moments ago a Texas court protected the rights of families and their doctors to make medical decisions for their child free from government bureaucrats' interference. The court ruling comes after eight states, an association of almost 18,000 doctors, and a Catholic hospital system challenged a federal regulation that requires doctors to perform gender transition procedures on children, even if the doctor believes the treatment could harm the child. "This is a common-sense ruling: The government has no business forcing private doctors to perform procedures that the government itself recognizes can be harmful, particularly to children, and that the government exempts its own doctors from performing," said Lori Windham, senior counsel at Becket Law, which filed a lawsuit against the new federal regulation. Becket Law defended Franciscan Alliance, a religious hospital network sponsored by the Sisters of St. Francis of Perpetual Adoration, and the Christian Medical Association from the new government regulation. The States of Texas, Wisconsin, Nebraska, Kentucky, Kansas, Louisiana, Arizona, and Mississippi joined Becket's legal challenge.

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Filed under: Christian Medical AssociationBecket LawGender

For Some Faith-Based Institutions, Trump Represents a Reprieve

National Review Online commentary by Jim Towey

December 12, 2016

Perhaps more than any other sector in America, the ivory towers of academia are mourning the defeat of Hillary Clinton, the departure of President Barack Obama, and the election of Donald Trump. For our faith-based university, however, the changing of the guard cannot come soon enough. The Obama administration's sustained assault on religious liberty and the right of conscience, and the ineptitude of his White House Office of Faith-based and Neighborhood Partnerships, had campuses and religious charities of conservative, religious orientation struggling to survive. President Obama threatened crippling fines if a college refused as a matter of conscience to make contraceptive services, including sterilization and abortifacient drugs, available in the health plans offered to its employees and students. The government's foreign-assistance apparatus required a pledge of allegiance to the LGBT and "reproduction freedom" agendas as a condition for grants.

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Filed under: Religious freedomContraceptionEducation

Religious groups challenge Vt. end-of-life law

Barre Montpelier Times-Argus

December 10, 2016

In July, a lawsuit challenging the Patient Choice and Control at End of Life Act from 2013 was filed by the Vermont Alliance for Ethical Healthcare and the Christian Medical Association, which is based in Tennessee. The suit said that Vermont joined Oregon, Washington and California in allowing doctors to prescribe a medication that would allow a terminally ill patient to end their life. But Vermont is the first state that requires all health care professionals to discuss all the patient's options, including the life-ending medication. in a press release sent after the lawsuit was filed, the Alliance Defending Freedom, an Arizona-based advocacy group, described the issue as urging the federal court, "Don't allow Vermont to force us to help kill patients."

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Filed under: Christian Medical AssociationAlliance Defending FreedomEnd of life

5 quick ways a new HHS secretary could change health policy

Washington Post

December 5, 2016

Conscience protections: At the very end of the George W. Bush administration, HHS issued rules intended to clarify that health-care professionals did not have to participate in performing abortions, sterilizations or other procedures that violated a “religious belief or moral conviction.” The Obama administration revised the rules dramatically, much to the continuing consternation of conservatives. They are among the few health-related items included on the president-elect’s website, which says, “The Administration will act to protect individual conscience in health care.” Many expect the rules to be reinstituted in their original form.

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Filed under: AbortionConscience freedomHealthcare

Lawmakers Miss Their Chance to Protect Religious Liberty

Daily Signal

December 1, 2016

Rep. Steve Russell, R-Okla., realized the need to ensure that churches, religious organizations, and other nonprofits weren't forced to choose between contracting with the federal government or living by their foundational religious beliefs. He introduced the Russell Amendment to the National Defense Authorization Act. Heritage Foundation expert Roger Severino explains the need, and simplicity, of the amendment: "The Russell Amendment is sound policy that will prevent the administration from stripping contracts and grants from faith-based social service providers whose internal staffing policies reflect their faith. Jewish day schools and Catholic adoption centers, for example, are not liable under Title VII for being authentically Jewish or Catholic, and their staffing policies shouldn't disqualify them from federal grants and contracts either."

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Filed under: Religious freedomHeritage FoundationLegislation

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