January 3, 2017

ObamaCare Complicates Gender, Judge Intervenes

HHS’s controversial redefinition hits a judicial barricade.

The definition of the term “sex” (i.e., gender) has been a hot-button issue because of the Obama administration. Similar to the Left’s successful move to utterly redefine the term “marriage” to include same-sex unions, Obama’s Department of Health and Human Services has sought to apply similar tactics in its “Social Justice™” crusade to redefine gender. However, last Thursday, brakes were applied to the growing insanity in the form of an injunction issued by Federal Judge Reed O'Connor. The ruling comes in response to suits brought by several states regarding section 1557 of the laughably named “Affordable” Care Act. At issue is the Obama administration’s novel redefinition of the term “sex” to be based primarily on an individual’s self-proclaimed gender “identity” irrespective of their biological reality.

In his decision, Judge O'Connor stated, “Prior to the passage of the ACA in 2010 and for more than forty years after the passage of Title IX in 1972, no federal court or agency had concluded sex should be defined to include gender identity. Accordingly, HHS’s expanded definition of sex discrimination exceeds the grounds incorporated by Section 1557 [of the ACA].”

The plaintiff states and religious groups argued that ObamaCare effectively forces health care providers and doctors to cover and perform procedures that are related to gender reassignment regardless of their own religious beliefs or medical opinions. The law provides no room from conscientious objection either on religious grounds or medical opinion. Not only is this a redefinition of gender, it’s a redefinition of the rights of individual religious freedom and free scientific conviction. Thankfully, a sensible judge has acted wisely to at least slow this radically unethical move by the HHS.

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