Doctors seek legal protection from Biden Administration’s Transgender Mandate Fifth Circuit to decide if government can force doctors to perform gender transition procedures

WASHINGTON – Doctors are fighting for their medical conscience rights against a Biden Administration Health and Human Services’ (HHS) mandate that requires doctors and hospitals to perform controversial gender transition procedures in violation of their conscience and medical judgment, or else face severe financial penalties. This Thursday, a Catholic healthcare network and a group of almost 19,000 healthcare professionals will be asking the Fifth Circuit Court of Appeals to protect their freedom to care for all patients in accordance with their conscience and best medical judgement. In Franciscan Alliance v. Becerra, these doctors and hospitals sued the federal government in 2016 over the HHS rule known as the Transgender Mandate, which would force doctors to perform harmful gender transition procedures on children. A federal court permanently blocked the mandate, finding it unlawful, and Becket is now asking the Fifth Circuit to uphold that decision.  

Despite the Biden Administration proposing a new, revised version of the mandate this week, it remains unenforceable because of this litigation, and a decision against the mandate by the Fifth Circuit would block the mandate permanently.  

What:
Oral argument at the U.S. Court of Appeals for the Fifth Circuit in Franciscan Alliance v. Becerra  

Who:
Joseph Davis, counsel at Becket
Sister Petra Nielson, vice president of mission integration for Franciscan Health Michigan City

When:
Thursday, August 4, 2022, at 11 a.m. ET 

Where:
U.S. Court of Appeals for the Fifth Circuit 
600 Camp Street
New Orleans, LA 70130
Listen live at https://5thcircuit.streamguys1.com/east.
(Link will be live once oral argument begins) 

A Becket attorney will be available for comment following the hearing. 

For more information or to arrange an interview, contact Ryan Colby at media@becketlaw.org or 202-349-7224. Interviews can be arranged in English, Chinese, French, German, Portuguese, Russian, and Spanish.