Alabama Attorney General Steve Marshall has joined hands with 14 other states to challenge a new rule issued by the U.S. Department of Health and Human Services (HHS). The rule aims to redefine the Affordable Care Act’s prohibition against discrimination on the basis of “sex” by adding “gender identity” to its purview. This joint effort is aimed at ensuring that the rule does not impede on the rights of the citizens of these states.
In the U.S. District Court for the Southern District of Mississippi, a lawsuit has been filed to challenge the new rule that obligates medical providers to offer gender transition-related surgeries and hormone drugs regardless of a doctor’s medical opinion. The lawsuit also contests the requirement for medical providers to give access to gender-segregated areas based on gender identity and use gender-affirming pronouns or face punishment.
The rule has faced fierce opposition from Attorney General Marshall, who has labeled it as both radical and unconstitutional. Marshall has stressed the importance of safeguarding vulnerable children from what he describes as harmful transitioning procedures. He has criticized the Biden Administration for prioritizing gender ideology over reasonable medical practices and has urged for a more sensible approach to be taken.
A group of states is suing the government over a policy proposal that bears similarities to one made by the Obama Administration in 2016. Federal courts declared the Obama Administration’s proposal unlawful, and the coalition of states involved in the current lawsuit expects a similar judgment.
States like Alabama, which limit gender-transition procedures for minors and forbid the use of public funds for such treatments, could face significant consequences due to the implementation of the new rule. Non-compliance with the rule could result in the loss of federal funding, including Medicaid funding, and leave entities exposed to civil liability through private lawsuits.
The lawsuit is being co-led by Alabama, Tennessee, and Mississippi and supported by several other states, including Georgia, Indiana, Kansas, Kentucky, Louisiana, Nebraska, Ohio, Oklahoma, South Carolina, South Dakota, Virginia, and West Virginia. This legal action highlights the ongoing debate surrounding the balance between medical practices and the rights of individuals identifying as a particular gender in healthcare policies.
The Calhoun Journal reported that the Alabama Attorney General is spearheading a lawsuit against the HHS Gender Identity Rule, along with several other states.
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