The Department of Health and Human Services Secretary Xavier Becerra has filed with the 9th Circuit Court of Appeals to force doctors to perform gender transition surgery despite conscience objections.
The court had previously ruled that the government "cannot force religious doctors and hospitals to perform gender transition procedures in violation of their conscience and professional medical judgment," according to a website run by the Becket Fund for Religious Liberty.
The Biden administration seeks to compel doctors to perform transition procedures on patients when they are referred by a mental health professional. This is in regards to an interpretation of the Affordable Care Act's nondiscrimination clause that does not provide any leeway for religious or conscientious objections according to the Daily Caller.
The law was challenged by an association of over 19,000 health care professionals, religious organizations and 9 states in Texas and North Dakota. Both courts ruled in favor of the religious objectors and barred the government from forcing doctors to perform transgender medical procedures that were against their religious beliefs.
Senior Council for the Becket Fund Luke Goodrich clarified that this is not about denying care to transgender patients, "The plaintiffs are religious doctors, hospitals, and clinics who joyfully serve ALL patients regardless of sex or gender identity. They routinely provide top-notch care to transgender patients for everything from cancer to the common cold."
Secretary Becerra filed a notice of appeal of the North Dakota ruling on Tuesday that lists The Religious Sisters of Mercy and the Catholic Benefit Association as plaintiffs. This is the second time Secretary Becerra has been involved in suing nuns after he participated in the suit against the Catholic Little Sisters of the Poor to force them against their religious beliefs to pay for contraceptives.
Becerra also sued the Trump Administration in 2017 to force employers with religious objections to pay for contraceptives. The case is currently with the 9th Circuit Court of Appeals and Becerra is listed as council for the case.