Mississippi Attorney General Lynn Fitch and Tennessee Attorney General Jonathan Skrmetti announced a victory in a multistate lawsuit challenging a Biden-era HHS rule that would have coerced healthcare providers into providing sex-change procedures.
The U.S. District Court for the Southern District of Mississippi agreed with the fifteen-state coalition that HHS exceeded its authority by redefining unlawful “sex” discrimination under the Affordable Care Act to include discrimination on the basis of “sexual orientation” and “gender identity.”
“The Biden administration attempted to import its radical theories on gender identity into ObamaCare, forcing healthcare providers to perform surgeries or prescribe drugs even if it violated their best medical judgment,” said Attorney General Lynn Fitch. “I am proud to stand with my colleagues from across the country as we fight to undo the Biden administration’s extremist political agenda.”
The Court explains, “Congress only contemplated biological sex when it enacted Title IX in 1972. Therefore, the Court finds that HHS exceeded its authority by implementing regulations redefining sex discrimination and prohibiting gender-identity discrimination.”
Along with Mississippi and Tennessee, Attorneys General from Alabama, Georgia, Indiana, Kansas, Kentucky, Louisiana, Nebraska, Ohio, Oklahoma, South Carolina, South Dakota, Virginia, and West Virginia participated. The Court ordered universal vacatur, applying to all states, not just the plaintiff-states.
A copy of the final order can be found here.
