https://news.yahoo.com/federal-court-blocks-biden-mandate-200757418.html

A federal court on Friday blocked a Biden administration mandate that
would force religious hospitals and doctors to facilitate gender
transitions against their sincerely held moral convictions.

The Eighth Circuit U.S. Court of Appeals affirmed a lower court�s decision
to block enforcement of the rule on the grounds that �intrusion upon the
Catholic Plaintiffs� exercise of religion is sufficient to show
irreparable harm,� the filing reads.

Catholic nuns, clinics, a university, and hospitals were among the
plaintiffs in the case, represented by the Becket Fund. The plaintiffs all
provide medical care for transgender patients but refuse to provide
gender-transition surgeries because they believe them to be harmful. Their
grant of permanent injunctive relief from the lower court was preserved
Friday.

Friday�s ruling, which originated in North Dakota, is one of a twin set of
cases challenging the Biden mandate. The second, which originated in
Texas, was decided in August by the Fifth Circuit court, which also
permanently blocked the rule. The plaintiffs in the Texas case included
Christian medical associations of thousands of doctors who are now
protected from federal encroachment into their practices.

�We now have two different federal court of appeals saying the Biden
administration is permanently blocked from forcing religious doctors and
hospitals� to perform gender transitions in violation of their conscience,
Luke Goodrich, attorney with the Becket Fund, said during a call with
reporters.

Litigation was first initiated in 2016 over implementation of Section 1557
of the Patient Protection and Affordable Care Act, an antidiscrimination
clause that would have compelled religious medical institutions that
receive federal funding to perform and cover gender transitions, according
to the plaintiffs. Section 1557 prohibits a federally funded or
administered health program or activity from denying benefits to an
individual on the basis of sex as outlined in Title IX. The Biden
administration doubled down on the 2016 principle in a revised rule.

During the legal fight, the Biden administration objected that the
plaintiffs couldn�t prove that Section 1557 would be enforced against them
because they hadn�t had the opportunity to try yet. The Eighth Circuit on
Friday said this explanation amounted to a �concession that they may do
so.�

As for what comes next, the Biden administration�s options for recourse
are to seek re-hearing from the Eighth Circuit or to appeal to the U.S.
Supreme Court, Goodrich said.

�I doubt that the Biden Administration will pursue either of these
avenues,� he added.

After an unfavorable ruling from the Fifth Circuit, the Biden
Administration declined to pursue either option for recourse, suggesting
they won�t attempt it this time.

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