The 5th U.S. Circuit Court of Appeals ruled on Aug. 26 that the federal government cannot require health care providers to perform gender-transition procedures or abortions when they have a religious objection to it. In Franciscan Alliance v. Becerra , the court confirmed the federal government cannot penalize or deny federal financial assistance because of a medical provider’s failure to perform gender-transition services or abortions. In 2021, a Catholic hospital association and a Christian health care professional association filed a lawsuit against the U.S. Department of Health and Human Services (HHS), claiming that the federal requirement to provide gender-affirming care and abortions violated their religious rights under the federal Religious Freedom Restoration Act (RFRA). They asked the court to block enforcement of a 2016 HHS rule. The U.S. Constitution’s 14th Amendment bans sex discrimination. In addition, the Affordable Care Act (ACA) prohibits sex discrimination by health care programs that receive federal funding. HHS has interpreted this to include discrimination based on gender identity or sexual orientation. "This is a classic example of the clash between the heightened protections that the federal government has given to LGBTQ+ citizens in its interpretation of the discrimination protections provided by the Affordable Care […]
