Second appeals court blocks ‘transgender mandate’


 By Tom Strode - Posted at Baptist Press:

Published December 12, 2022

ST. LOUIS (BP) – A second federal appeals court has blocked the Biden administration’s attempt to require doctors and hospitals to perform gender-transition procedures, as well as abortions, over their objections.

The Eighth Circuit Court of Appeals upheld Dec. 9 a permanent injunction that barred enforcement of a Department of Health and Human Services (HHS) rule that has become known as the “transgender mandate.” A three-judge panel of the appeals court, which is based in St. Louis, unanimously affirmed a North Dakota federal judge’s decision that the Catholic entities that challenged the regulation were entitled to protection under a federal law that guarantees free exercise of religion.

In August, a three-judge panel of the Fifth Circuit Court of Appeals in New Orleans unanimously endorsed a permanent injunction against the HHS rule issued by a federal judge in Texas. The Biden administration declined to appeal the decision to the U.S. Supreme Court by the 90-day deadline in late November.

Religious liberty advocates hailed the Eighth Circuit’s opinion.

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