Why We Ask: Our mission and operations are funded 100% by conservatives like you. Please help us continue to extend Liberty to the next generation and support the 2023 Year-End Campaign today.

May 26, 2016

Obama Uses ObamaCare to Promote Gender Confusion

HHS bans health care provider “discrimination” based on “gender identity.”

Once again, the Obama administration is determined to impose its version of reality on a resistant nation by using ObamaCare as its vehicle. On May 13, the same day the administration issued the transgender edicts granting access to public school bathrooms and locker rooms based on nothing more than self-identification, the U.S. Department of Health and Human Services (HHS) issued a ruling in a similar vein. It bans discrimination based on “gender identity” by hospitals, clinics and other health care providers. Thus, the administration’s ongoing insistence that one’s state of mind trumps biological and genetic reality is being pushed in a new arena.

“Since 2010, we have had a prohibition on discrimination on the basis of sex in health care,” said Elizabeth Sepper, a law professor at Washington University in St. Louis. “We never had that before. Sex discrimination was not prohibited in the health-care system.”

This ruling goes far beyond the parameters of sexual discrimination that Congress previously determined, as well as how the overwhelming majority of Americans understand the terms. ObamaCare’s Section 1557 explains that sexual discrimination is prohibited based on an individual’s sex, pregnancy, childbirth and related medical conditions — as well as gender identity and sex stereotyping. And while the Obama administration acknowledges “the final rule does not resolve whether discrimination on the basis of an individual’s sexual orientation status alone is a form of sex discrimination under Section 1557,” it warns that the Office of Civil Rights “will evaluate complaints that allege sex discrimination related to an individual’s sexual orientation to determine if they involve the sorts of stereotyping that can be addressed under Section 1557.”

In other words, fall into line or be subjected to the same loss of federal funding and/or possible government-sponsored litigation used to intimidate school districts, based on definitions of sexual discrimination unilaterally determined by the Obama administration.

That determination has far-reaching consequences. “By prohibiting differential treatment on the basis of ‘gender identity’ in health services, these regulations will penalize medical professionals and health care organizations that, as a matter of faith, moral conviction, or professional medical judgment, believe that maleness and femaleness are biological realities to be respected and affirmed, not altered or treated as diseases,” writes Heritage Foundation research fellow Ryan T. Anderson.

Consider the consequences arising from government demanding specific medical judgments with regard to transgenderism. For example, if a patient demands sex reassignment surgery, will a doctor covered by the new edict be forced to perform it, even if it goes against his medical judgment?

What about the reality that the American College of Pediatricians thoroughly rejects the Left’s entire construct on the subject? How does the Obama administration reconcile ACP’s warning that suicide rates “are twenty times greater among adults who use cross-sex hormones and undergo sex reassignment surgery” or that making children believe “a lifetime of chemical and surgical impersonation of the opposite sex is normal and healthful is child abuse”? How does it run roughshod over the assertion made by Dr. Paul McHugh, former psychiatrist in chief at Johns Hopkins Hospital — a facility that no longer does sex change operations — who insists abiding such medical procedures amounts to collaborating with and promoting a mental disorder?

With regard to religious conviction, on May 15 the U.S. Supreme Court unanimously [ruled][http://www.cnsnews.com/commentary/eric-metaxas/little-sisters-win-unanimous-scotus-decision-big-victory-religious-freedom) in favor of Little Sisters of the Poor and other Christian organizations that refused to abide by the administration’s mandate forcing them to provide employees with contraceptives, including abortifacients. SCOTUS sent the case back to the lower courts with the message that they should accommodate people of faith and prevent their consciences from being violated.

It would appear the medical community is on much firmer ground. First, there is nothing in the Constitution that allows the administration to unilaterally rewrite law or trample on states’ rights in pursuit of an agenda. Second, and far more important, it is virtually impossible to believe the U.S. Supreme Court (if any case goes that far) would overrule a doctor’s medical judgment — with possibly damaging or deadly health results — to satisfy an ideological viewpoint arising from government fiat.

Yet why let it reach that point at all? Congress must reassert its authority over the process of crafting law, ensuring the Obama administration cannot use its interpretation of statutes such as Title IX of the Education Amendments of 1972, Title VII of the Civil Rights Act of 1964, and Section 1557 of the Affordable Care Act to blackmail the nation — and not just regarding the definition of sexual identity.

It is critically important for Americans to remember the advance of regressive ideology is wholly dependent on incrementalism. Re-defining sexual identity is not an end unto itself. It is merely another means in pursuit of the ultimate agenda: unassailable power. And nothing will give that agenda more of a boost than the Obama administration successfully asserting that reality itself is nothing more than a state of mind.

As of now, the new ObamaCare rules will take effect in July and apply to all health care providers receiving federal funds. Thus, medical professionals and health care institutions will be forced to abandon professional ethics, reasonable medical judgment and personal conscience in favor of a radical political agenda. “All at once, the government is changing the way it interprets the law on gender and discrimination,” writes The Atlantic’s senior associate editor, Emma Green. “It’s a relatively new area of civil-rights law, but soon enough, it might just be part of the status quo.”

What status quo? “Perhaps it’s rude to say so, but facts do not cease to be facts simply because they offend,” writes columnist Jonah Goldberg. Maybe not right now, but that’s exactly the status quo the American Left and the Obama administration is pursuing.

And a footnote: The timing of Obama’s latest extraconstitutional executive decree on the states, is, as we have noted previously, to divert conservative political capital away from where it needs to be focused for the next six months – on Hillary Clinton.

Start a conversation using these share links:

Who We Are

The Patriot Post is a highly acclaimed weekday digest of news analysis, policy and opinion written from the heartland — as opposed to the MSM’s ubiquitous Beltway echo chambers — for grassroots leaders nationwide. More

What We Offer

On the Web

We provide solid conservative perspective on the most important issues, including analysis, opinion columns, headline summaries, memes, cartoons and much more.

Via Email

Choose our full-length Digest or our quick-reading Snapshot for a summary of important news. We also offer Cartoons & Memes on Monday and Alexander’s column on Wednesday.

Our Mission

The Patriot Post is steadfast in our mission to extend the endowment of Liberty to the next generation by advocating for individual rights and responsibilities, supporting the restoration of constitutional limits on government and the judiciary, and promoting free enterprise, national defense and traditional American values. We are a rock-solid conservative touchstone for the expanding ranks of grassroots Americans Patriots from all walks of life. Our mission and operation budgets are not financed by any political or special interest groups, and to protect our editorial integrity, we accept no advertising. We are sustained solely by you. Please support The Patriot Fund today!

The Patriot Post and Patriot Foundation Trust, in keeping with our Military Mission of Service to our uniformed service members and veterans, are proud to support and promote the National Medal of Honor Heritage Center, the Congressional Medal of Honor Society, both the Honoring the Sacrifice and Warrior Freedom Service Dogs aiding wounded veterans, the National Veterans Entrepreneurship Program, the Folds of Honor outreach, and Officer Christian Fellowship, the Air University Foundation, and Naval War College Foundation, and the Naval Aviation Museum Foundation. "Greater love has no one than this, to lay down one's life for his friends." (John 15:13)


“Our cause is noble; it is the cause of mankind!” —George Washington

Please join us in prayer for our nation — that righteous leaders would rise and prevail and we would be united as Americans. Pray also for the protection of our Military Patriots, Veterans, First Responders, and their families. Please lift up your Patriot team and our mission to support and defend our Republic's Founding Principle of Liberty, that the fires of freedom would be ignited in the hearts and minds of our countrymen.

The Patriot Post is protected speech, as enumerated in the First Amendment and enforced by the Second Amendment of the Constitution of the United States of America, in accordance with the endowed and unalienable Rights of All Mankind.

Copyright © 2023 The Patriot Post. All Rights Reserved.

The Patriot Post does not support Internet Explorer. We recommend installing the latest version of Microsoft Edge, Mozilla Firefox, or Google Chrome.