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As Predicted, the Chickens of Justice Gorsuch's Horrible Transgender Decision Come Home to Roost
PJ Media ^ | 07/24/2020 | Tyler O' Neill

Posted on 07/24/2020 6:26:00 AM PDT by SeekAndFind

When Supreme Court Justice Neil Gorsuch redefined “sex” in federal law, twisting federal bans on sex discrimination to include discrimination on the basis of sexual orientation and transgender identity, his colleague Samuel Alito rightly warned that the decision would wreak havoc on the health care industry. Almost exactly one month later, the ACLU filed a lawsuit to force a Roman Catholic hospital to perform transgender surgery in violation of the Hippocratic Oath, citing none other than Gorsuch’s opinion.

In Hammons v. University of Maryland Medical System (UMMS), a biological female who identifies as a transgender man, Jesse Hammons, claims St. Joseph Medical Center, a hospital operated by UMMS, unlawfully discriminated against her by refusing to perform a hysterectomy to remove a healthy uterus. The lawsuit would force Catholic hospitals to violate the Hippocratic Oath by removing a fully-functional organ and permanently sterilizing patients.

Under the Ethical and Religious Directives for Catholic Health Care Services established by the U.S. Conference of Catholic Bishops, Catholic hospitals may not perform procedures that induce sterility unless “their direct effect is the cure or alleviation of a present and serious pathology and a simpler treatment is not available.”

St. Joseph hospital does perform hysterectomies in order to treat serious medical conditions that require such a drastic surgery, such as “uterine fibroids, endometriosis, pelvic support problems, abnormal uterine bleeding, chronic pelvic pain, and gynecological cancer.”

According to Hammons and the ACLU, Hammons’ gender dysphoria (identifying with the gender opposite one’s birth sex) is a serious condition requiring hysterectomy. The lawsuit refers to the hysterectomy as a “medically necessary treatment relating to his [sic] diagnosis of gender dysphoria.” The hospital had scheduled the surgery for the plaintiff on January 6, 2020, but canceled the surgery because it would violate the Hippocratic Oath.

(Excerpt) Read more at pjmedia.com ...


TOPICS: Constitution/Conservatism; Culture/Society; Government; News/Current Events
KEYWORDS: civilrights; gorsuch; judiciary; kneelgorsuch; neilgorsuch; politicaljudiciary; scotus; scrotus; supremecourt; supremes; transgender

The lawsuit claims that canceling the surgery involved discrimination on the basis of sex in violation of the Fourteenth Amendment’s Equal Protection Clause and the Affordable Care Act (a.k.a. Obamacare). Since UMMS operates St. Joseph as a Catholic hospital, the lawsuit also claims that the alleged discrimination violated the Establishment Clause of the First Amendment.


1 posted on 07/24/2020 6:26:00 AM PDT by SeekAndFind
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To: SeekAndFind
You MUST under penalty of law
2 posted on 07/24/2020 6:29:35 AM PDT by Lurkinanloomin (Natural Born Citizens Are Born Here of Citizen Parents|Know Islam, No Peace-No Islam, Know Peace)
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To: SeekAndFind

So the plaintiff could chose another hospital? Had to pick a hospital that is Christian?

Wonder how much money was lost defending this, and how it could have been spent to help people in need.


3 posted on 07/24/2020 6:32:24 AM PDT by Made In The USA (Next thing you know, 'ol Jed's a millionaire)
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To: SeekAndFind
The hospital can argue that removing the uterus is a cosmetic procedure that they won't perform and force the plaintiff's lawyers to come up with asinine argument that it's required.

It would be great to see what argument they could possibly make to show such surgery is necessary for the health of the patient, because if it's for the patient's "mental health", one could argue for psychotherapy and medication instead of surgery. Pit the therapists and pharmaceutical industry against the sick proponents of this.

As for the Supreme Court decision, if men and women are equal, how is having a uterus discriminatory?

4 posted on 07/24/2020 6:39:24 AM PDT by T.B. Yoits
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To: SeekAndFind

Gorsuch et al. capitulate to the decadence of Western Civilisation.


5 posted on 07/24/2020 6:47:08 AM PDT by Savage Beast (President Trump, loving God, America, and the American People, is on the Side of love the Angels!)
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To: SeekAndFind

Who would have thought Gorsuch would turn? He has bought into the premise that ‘any person can decide their own biology’, when I’m sure he knows that every cell in that person’s body determines their gender, AND CANNOT BE CHANGED WITH ANY SURGERY. He is promoting the Leftist meme that we all must obey And accept any other person’s mental health crisis. We used to try to help people who were in a mental health crisis. Now we are required to not just accept their disorder, but celebrate it.

Trump needs to vet his SCOTUS candidates much better.


6 posted on 07/24/2020 6:54:12 AM PDT by originalbuckeye ('In a time of universal deceit, telling the truth is a revolutionary act'- George Orwell..?)
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To: SeekAndFind
The main point of the article is a good one, but there’s an angle to this that adds an element of confusion. How does the University of Maryland Medical System operate a Catholic hospital.

I suspect the hospitals’ legal arguments in many of these cases will be undermined by arrangements like this where the hospital has many operating/business conditions that make it something other than a legitimate religious organization.

7 posted on 07/24/2020 6:54:47 AM PDT by Alberta's Child ("We're human beings ... we're not f#%&ing animals." -- Dennis Rodman, 6/1/2020)
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To: SeekAndFind

Blame the Federalist Society and their worthless vetting process. No more BS about “textualists” and “originalists”. We need proud, unabashed right-wing activists on the federal courts at all levels. The Democrats have been putting forth left-wing activists for decades now while Republicans play a losing game with these “will he - won’t he” milquetoasts.


8 posted on 07/24/2020 7:51:19 AM PDT by AnotherUnixGeek
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To: SeekAndFind

Let’s suppose I need a repair on my car, but the mechanic I chose doesn’t want to perform the repair. Now, let’s say I take him to court and force him to perform the repair. How satisfied am I likely to be with this forced repair?

Especially if it’s a complicated repair, wouldn’t I want to go to someone who specializes in that repair?

What I think we need is legislation that prevents advocates from using the legal system to force their agenda on people who do not want to share it. The typical business simply can not afford to defend itself from lawfare.


9 posted on 07/24/2020 7:59:51 AM PDT by Gen.Blather (Wait! I said that out loud?)
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To: Gen.Blather

Maybe require the plaintiffs in all such suits to prove that the goods or services in question can’t be obtained anywhere else.


10 posted on 07/24/2020 8:43:18 AM PDT by HartleyMBaldwin
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To: Savage Beast; SeekAndFind

The author of the article misspelled “Kneel Gorsuch”...


11 posted on 07/24/2020 9:59:09 AM PDT by kiryandil (Chris Wallace: Because someone has to drive the Clown Car)
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To: Lurkinanloomin

Call ‘em what you will; a queer is a queer is a queer.


12 posted on 07/24/2020 10:51:02 AM PDT by JimRed (TERM LIMITS, NOW! Build the Wall Faster! TRUTH is the new HATE SPEECH.)
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To: originalbuckeye
>> Who would have thought Gorsuch would turn? << <<

I did. I argued NUMEROUS times on FR that Gorsuch should not be trusted and there was ZERO evidence he was NOT socially conservative, but PLENTY of evidence suggesting he isn't.

Those concerns fell on deaf ears here and I was either laughed at our shouted down. According to the Gorsuch fan club, Trump says his judge's "judicial philosophy" is "originalist" and that's all we need to know to prove he is Scalia, mach 2.

If FReepers sincerely felt that it made NO DIFFERENCE that Gorsuch attends some wacko "social justice" church with a kooky far-left activist "pastor" in his "private life", then they owe Barack Obama an apology for using "Rev" Jerminah Wright to discredit him.

END OF STORY.

13 posted on 07/25/2020 11:09:35 AM PDT by BillyBoy ('States Rights' is NOT a suicide pact.)
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To: originalbuckeye
>> Who would have thought Gorsuch would turn? << <<

I did. I argued NUMEROUS times on FR that Gorsuch could not be trusted and there was ZERO evidence demonstrating that he is socially conservative, but PLENTY of evidence suggesting he isn't.

Those concerns fell on deaf ears here and I was either laughed at, or shouted down. According to the Gorsuch fan club, Trump says his judge's "judicial philosophy" is "originalist" and that's all we need to know to prove he is Scalia, mach 2. "God bless PDJT for keeping his campaign pledge to give us a pro-life, Scalia-like judge", they said.

If FReepers sincerely felt that it made NO DIFFERENCE that Gorsuch attends some wacko "social justice" church with a kooky far-left activist "pastor" in his "private life", then they owe Barack Obama an apology for using "Rev" Jerminah Wright to discredit him.

END OF STORY.

14 posted on 07/25/2020 11:12:45 AM PDT by BillyBoy ('States Rights' is NOT a suicide pact.)
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To: SeekAndFind

Just loving MR. OPERATION WARP SPEED & his SCOTUS choices. I am sure Barrett will come thru on the mandated C-19 jabs as the Elites know what’s best for us Lessers.

PITY the poor children/teens with no Adults to protect them by Law- Pedophiles are having a field day and the screwed up gender dysphorics will get no help - the Munchausen-by-proxy adults aid & abet the SJW transformational fascists out to ruin normal human life so predictably. There are no political solutions left for us. We will all answer to God for tolerating the intolerable.


15 posted on 12/07/2020 4:58:56 PM PST by Sioux-san
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To: originalbuckeye

“Trump needs to vet his SCOTUS candidates much better.”

It’s McConnell that picks them.


16 posted on 12/07/2020 5:01:56 PM PST by Armscor38
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To: Made In The USA

No the plaintiff could not choose another hospital, because LGBT is the cudgel used to remove Christianity from our culture.


17 posted on 12/07/2020 5:06:15 PM PST by Chickensoup (Voter ID for 2020!! Leftists totalitarian fascists appear to be planning to eradicate conservatives)
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