Posted on 12/31/2016 2:51:38 PM PST by NYer
Ruling protects children and doctors, hospitals from federal regulation
For Immediate Release: December 31, 2016
Media Contact: Melinda Skea | media@becketfund.org | 202-349-7224
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. Doctors who followed their Hippocratic Oath to act in the best interest of their patient would have faced severe consequences, including losing their job.
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. Todays ruling ensures that doctors best medical judgment will not be replaced with political agendas and bureaucratic interference.
The new regulation applied to over 900,000 doctorsnearly every doctor in the U.S.and would have cost healthcare providers and taxpayers nearly $1 billion. The government itself does not require its own military doctors to perform these procedures. It also does not require blanket coverage of gender transition procedures in Medicare or Medicaideven in adultsbecause HHSs experts admitted research is inconclusive on whether gender reassignment surgery improves health outcomes, with some studies demonstrating that these procedures were actually harmful. But a doctor citing the same evidence and using their best medical judgment would have faced potential lawsuits or job loss.
A recent website provides leading research on this issue, including guidance the government itself relies on, demonstrating that up to 94 percent of children with gender dysphoria (77 to 94 percent in one set of studies and 73 to 88 percent in another) will grow out of their dysphoria naturally and live healthy leaves without the need for surgery or lifelong hormone regimens.
This court ruling is an across-the-board victory that will ensure that deeply personal medical decisions, such as gender transition procedures, remain between families and their doctor, said Windham.
Becket Law defended Franciscan Alliance, a religious hospital network sponsored by the Sisters of St. Francis of Perpetual Adoration, and the Christian Medical & Dental Associations from the new government regulation. The States of Texas, Wisconsin, Nebraska, Kentucky, Kansas, Louisiana, Arizona, and Mississippi joined Beckets legal challenge. More information can be found at www.transgendermandate.org.
For more information or to arrange an interview with a Becket attorney, please contact Melinda Skea at media@becketfund.org or 202-349-7224. Interviews can be arranged in English, Chinese, French, German, Portuguese, Russian, and Spanish.
Additional Information:
Thanks. The article should have saved you the trouble, but thanks.
"Doctors who followed their Hippocratic Oath to act in the best interest of their patient would have faced severe consequences, including losing their job."
FR: Never Accept the Premise of Your Opponents Argument
Patriots beware !
The Hippocratic Oath is arguably a minor point of this healthcare issue.
More specifically, the major constitutional problem with this healthcare-related issue is the following imo.
Regardless what lawless Obamas state sovereignty-ignoring activist justices want everybody to think about the constitutionality of Obamacare, it remains that the states have never expressly constitutionally delegated to the feds the specific power to regulate, tax and spend for intrastate healthcare purposes. This is evidenced by the following excerpts from Supreme Court case decisions mady by previous generations of state sovererignty-respecting justices.
Congress is not empowered to tax for those purposes which are within the exclusive province of the States. Justice John Marshall, Gibbons v. Ogden, 1824.
State inspection laws, health laws, and laws for regulating the internal commerce of a State, and those which respect turnpike roads, ferries, &c. are not within the power granted to Congress [emphases added]. Gibbons v. Ogden, 1824.
From the accepted doctrine that the United States is a government of delegated powers, it follows that those not expressly granted, or reasonably to be implied from such as are conferred, are reserved to the states, or to the people. To forestall any suggestion to the contrary, the Tenth Amendment was adopted. The same proposition, otherwise stated, is that powers not granted are prohibited [emphasis added]. United States v. Butler, 1936.
Patriots need to support Trump in draining the unconstitutonally big federal government swamp, including getting the feds big noses out of 10th Amendment-protected INTRAstate healthcare issues.
Just a few years ago, doctors were willing to consider a link between so-called transgenderism in children, and Munchausen Syndrome by Proxy in their parents. Nowadays, any such suggestion gets you branded a bigot/transphobic.
One of the pioneers pushing trans therapy for children, in fact, is Herbert Schreier of the Oakland, CA Children’s Hospital.
This guy’s resume reveals he specializes in Munchausen by Proxy. IOW, he clearly recognizes the syndrome, but he apparently knows it’s lucrative to ignore it!
Here’s a 2007 article in which Schreier is featured, much more balanced than anything that can be published today. The reporter—without saying so directly—details the glaring evidence of Munchausen in the lesbian parents.
It’s long—6 pages—but well worth the time.
http://archives.sfweekly.com/sanfrancisco/girlboy-interrupted/Content?oid=2163302
Wow, nice way to completely misconstrue conservative reaction. Are you paid for trolling?
In other words, when it happens it is a stage and kids get over it.
“Are you paid for trolling?”
Yes, Soros has been giving me $250/month since May 1998.
Sheesh!
Who is telling these children that they were born the wrong sex? IMO, that may very well be a form of child abuse, as the actions necessary to make a change involve either drugging or mutilating children. What’s next in the US? Will female genital mutilation be A-OK?
It does seem like we are giving in slowly but surely.
First of all, I don’t think two males or two females should be allowed to marry and adopt. There could be exceptions in familial relationships where a bond was already established with nieces or nephews.
Adoption agencies can consider you too old to adopt, but they can’t turn you down if the future parents are the same sex. It was about 10 years ago, in UK they wouldn’t let the grandparents adopt their grandchildren. (They were not that old by today’s standards.) Instead they gave the kids away to a homosexual couple.
I don’t think children should be going through any type of gender transition unless there is a good reason for it, for instance DNA abnormalities.
There was a case, where one of the twin boys had a botched circumcision. The doctors said to raise him as a girl. I guess they loaded him up with hormones. He never felt right as a girl. This was a case of a man in a woman’s body. When he found out he was genetically a male, he was finally able to live as a male. This was a real case of a man trapped in a woman’s body. And the doctors and parents were wrong, even though they were trying to do what was best for the child. He would never be the same as his twin brother, but he was happy to live his real identity.
Another positive rebuke of the Leftist insanity. Good.
Unless at least minimal relevant data is laid out it’s still clickbait.
Here is the case caption from the PDF file at the link (Federal District court located in Texas):
IN THE UNITED STATES
DISTRICT COURT
FOR THE NORTHERN
DISTRICT OF TEXAS
WICHITA FALLS DIVISION
FRANCISCAN ALLIANCE, INC.;
SPECIALTY PHYSICIANS OF
ILLINOIS, LLC,
;
CHRISTIAN MEDICAL &
DENTAL ASSOCIATIONS;
- and -
STATE OF TEXAS;
STATE OF WISCONSIN;
STATE OF NEBRASKA;
COMMONWEALTH OF
KENTUCKY, by and through
Governor Matthew G. Bevin; and
STATE OF KANSAS,
Plaintiffs
,
v.
SYLVIA BURWELL, Secretary
of the United States Department of
Health and Human Services; and
UNITED STATES DEPARTMENT OF
HEALTH AND HUMAN SERVICES,
Defendants
.
A real news article began, "A federal judge...", as it should have.
This was not a "real news article," however, but instead it appears to be a hastily contrived ("moments ago") press release by the Becket Group, whatever that is, and as such it may be excused for ignorance of standard journalistic practice. Compounding the misdemeanor, our Original Poster left us no bread crumbs.
All of which is, of course, completely unimportant compared to the tremendous news of the event itself.
Happy New Year!
Well, at least you understood my post.
“NO parent should ever be allowed to demand it for their child. The child is not a piece of property or a pet to do what they want with.”
We disagree a lot, but you couldn’t be righter here.
Even planning it should be a crime.
:)
Hormonal treatments affect physical development and have psychological effects, not merely cosmetic.
I suspected there was some type of incentive to encourage this “addition” to our insurance plan.
I understand that when adults occupy the White House at the end of this month, there will be over a thousand judicial appointments to be made.
God bless our nation.
I’ve said it a MILLION times on this board and on twitter.
NINETY FIVE PERCENT decide to stay the “gender” they are by 18.
But sicko perverts and helpful idiot parents are feeding the underage frenzy.
Get government out of healthcare NOW!
Medicare and Medicaid I can put up with for now. All other government regulations, etc. should stop immediately.
Medicare and Medicaid should be replaced in the near future with programs that do not rely on the government. Obamacare likewise.
Hopefully there will be more like decisions as Trump is able to reshape the Judiciary.
Yes, there should be strict punishments for this kind of perversion against children. It’s akin to to child molestastion as championed by liberal NAMBLA and many other elitist leftists.
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