The U.S. District Court for the Southern District of Mississippi halted the U.S. Department of Health and Human Services (HHS) from implementing its final rule, which redefines the Affordable Care Act’s prohibition against discrimination based on “sex” to include “gender identity” at the request of Tennessee Attorney General Jonathan Skrmetti.
In May, Skrmetti and Mississippi Attorney General Lynn Fitch led a coalition of 13 other states in filing a lawsuit challenging the HHS rule and requested that the court grant a preliminary injunction to halt the rule from taking effect on Friday, July 5.
A federal court rejected the Biden admin's attempt to illegally force every health care provider in 🇺🇸 to adopt the most extreme version of gender ideology.
This order puts the rule on pause. We'll keep fighting to ensure this rule never takes effect.
➡️https://t.co/msXsG8OA0G pic.twitter.com/hxttu2OwdF
— TN Attorney General (@AGTennessee) July 3, 2024
U.S. District Judge Louis Guirola, Jr. granted the plaintiffs’ preliminary injunction request on Wednesday, preventing HHS from “enforcing, relying on, implementing, or otherwise acting pursuant to” its final rule as the case moves through the judicial system.
HHS’ final rule would require medical providers to perform surgeries and administer hormone drugs to both children and adults for the purpose of gender transition, without regard for a doctor’s medical judgment as to whether that treatment was appropriate.
The rule would also require medical providers to allow patients into sex-segregated spaces, such as parts of a hospital reserved only for women patients, based on their gender identity rather than their biological sex.
Furthermore, the rule would require every healthcare worker to use gender-affirming pronouns and punish providers for using biologically accurate pronouns.
The rule would accomplish the new requirements by interpreting Section 1557 of the Affordable Care Act, which is cross-referenced to Title IX, to “prohibit gender identity and sexual orientation discrimination by covered health programs.”
To this, however, Guirola disagreed, writing in his ruling, “Title IX and its regulations not only permit, but at times require, consideration of sex as well as separation on the basis of sex.”
Skrmetti applauded the judge’s ruling on Wednesday.
“Today a federal court said no to the Biden administration’s attempt to illegally force every health care provider in America to adopt the most extreme version of gender ideology,” Skrmetti said.
“The administration has over and over again issued regulations that mangle the law to advance an ideological agenda. This case is just one of many examples of Tennessee working with other states to block the unlawful abuse of regulatory power. Today’s order puts the rule on pause while we keep fighting to ensure this illegal rule never goes into effect,” he added.
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Kaitlin Housler is a reporter at The Tennessee Star and The Star News Network. Follow Kaitlin on X / Twitter.
