Author Topic: 5th Circuit Rules Govt Cannot Punish Religious Hospitals for Refusing to Perform Abortions, Gender T  (Read 340 times)

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Offline Elderberry

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Legal Insurrection by Mary Chastain 8/31/2022

Religious freedom for the win.

The 5th U.S. Circuit Court of Appeals unanimously ruled that the government cannot punish religious hospitals for refusing to perform abortions or any gender transitioning surgeries.

The plaintiffs were the Franciscan Alliance, Christian Medical and Dental Society, and Specialty Physicians of Illinois. They claimed the procedures violated their religious beliefs.

From Reuters:

A unanimous panel of the 5th U.S. Circuit Court of Appeals on Friday upheld a lower court’s permanent order shielding Christian Medical and Dental Associations and Specialty Physicians of Illinois, along with Catholic hospital system Franciscan Alliance Inc, from any enforcement action under the ACA’s anti-discrimination provision, known as Section 1557, for refusing to perform the procedures, which they say would violate their religious freedom.

Circuit Judge Don Willett, joined by Circuit Judges Jennifer Elrod and Kurt Engelhardt, rejected the government’s argument that the case should be dismissed as moot because the original rule challenged by the providers had been overturned. Willett wrote that the providers still faced harm because the U.S. Department of Health and Human Services (HHS) had “repeatedly refused to disavow enforcement” against them.

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    The court remanded the case to O’Connor for further consideration. He then entered a broad injunction against enforcing 1557 against the Christian groups to require the abortion and gender reassignment services.

    HHS appealed the injunction, culminating in Friday’s ruling, in which the 5th Circuit sided with the lower court order.

More: https://legalinsurrection.com/2022/08/5th-circuit-rules-govt-cannot-punish-religious-hospitals-for-refusing-to-perform-abortions-gender-transitions/

Offline EdinVA

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But gays can shut down a bakery?
I think our rule of law is broken

Online sneakypete

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GOOD for them!
Anyone who isn't paranoid in 2021 just isn't thinking clearly!