under penalty of law
Posted on 07/24/2020 6:26:00 AM PDT by SeekAndFind
When Supreme Court Justice Neil Gorsuch redefined “sex” in federal law, twisting federal bans on sex discrimination to include discrimination on the basis of sexual orientation and transgender identity, his colleague Samuel Alito rightly warned that the decision would wreak havoc on the health care industry. Almost exactly one month later, the ACLU filed a lawsuit to force a Roman Catholic hospital to perform transgender surgery in violation of the Hippocratic Oath, citing none other than Gorsuch’s opinion.
In Hammons v. University of Maryland Medical System (UMMS), a biological female who identifies as a transgender man, Jesse Hammons, claims St. Joseph Medical Center, a hospital operated by UMMS, unlawfully discriminated against her by refusing to perform a hysterectomy to remove a healthy uterus. The lawsuit would force Catholic hospitals to violate the Hippocratic Oath by removing a fully-functional organ and permanently sterilizing patients.
Under the Ethical and Religious Directives for Catholic Health Care Services established by the U.S. Conference of Catholic Bishops, Catholic hospitals may not perform procedures that induce sterility unless “their direct effect is the cure or alleviation of a present and serious pathology and a simpler treatment is not available.”
St. Joseph hospital does perform hysterectomies in order to treat serious medical conditions that require such a drastic surgery, such as “uterine fibroids, endometriosis, pelvic support problems, abnormal uterine bleeding, chronic pelvic pain, and gynecological cancer.”
According to Hammons and the ACLU, Hammons’ gender dysphoria (identifying with the gender opposite one’s birth sex) is a serious condition requiring hysterectomy. The lawsuit refers to the hysterectomy as a “medically necessary treatment relating to his [sic] diagnosis of gender dysphoria.” The hospital had scheduled the surgery for the plaintiff on January 6, 2020, but canceled the surgery because it would violate the Hippocratic Oath.
(Excerpt) Read more at pjmedia.com ...
under penalty of law
So the plaintiff could chose another hospital? Had to pick a hospital that is Christian?
Wonder how much money was lost defending this, and how it could have been spent to help people in need.
It would be great to see what argument they could possibly make to show such surgery is necessary for the health of the patient, because if it's for the patient's "mental health", one could argue for psychotherapy and medication instead of surgery. Pit the therapists and pharmaceutical industry against the sick proponents of this.
As for the Supreme Court decision, if men and women are equal, how is having a uterus discriminatory?
Gorsuch et al. capitulate to the decadence of Western Civilisation.
Who would have thought Gorsuch would turn? He has bought into the premise that ‘any person can decide their own biology’, when I’m sure he knows that every cell in that person’s body determines their gender, AND CANNOT BE CHANGED WITH ANY SURGERY. He is promoting the Leftist meme that we all must obey And accept any other person’s mental health crisis. We used to try to help people who were in a mental health crisis. Now we are required to not just accept their disorder, but celebrate it.
Trump needs to vet his SCOTUS candidates much better.
I suspect the hospitals’ legal arguments in many of these cases will be undermined by arrangements like this where the hospital has many operating/business conditions that make it something other than a legitimate religious organization.
Blame the Federalist Society and their worthless vetting process. No more BS about “textualists” and “originalists”. We need proud, unabashed right-wing activists on the federal courts at all levels. The Democrats have been putting forth left-wing activists for decades now while Republicans play a losing game with these “will he - won’t he” milquetoasts.
Let’s suppose I need a repair on my car, but the mechanic I chose doesn’t want to perform the repair. Now, let’s say I take him to court and force him to perform the repair. How satisfied am I likely to be with this forced repair?
Especially if it’s a complicated repair, wouldn’t I want to go to someone who specializes in that repair?
What I think we need is legislation that prevents advocates from using the legal system to force their agenda on people who do not want to share it. The typical business simply can not afford to defend itself from lawfare.
Maybe require the plaintiffs in all such suits to prove that the goods or services in question can’t be obtained anywhere else.
The author of the article misspelled “Kneel Gorsuch”...
Call ‘em what you will; a queer is a queer is a queer.
I did. I argued NUMEROUS times on FR that Gorsuch should not be trusted and there was ZERO evidence he was NOT socially conservative, but PLENTY of evidence suggesting he isn't.
Those concerns fell on deaf ears here and I was either laughed at our shouted down. According to the Gorsuch fan club, Trump says his judge's "judicial philosophy" is "originalist" and that's all we need to know to prove he is Scalia, mach 2.
If FReepers sincerely felt that it made NO DIFFERENCE that Gorsuch attends some wacko "social justice" church with a kooky far-left activist "pastor" in his "private life", then they owe Barack Obama an apology for using "Rev" Jerminah Wright to discredit him.
END OF STORY.
I did. I argued NUMEROUS times on FR that Gorsuch could not be trusted and there was ZERO evidence demonstrating that he is socially conservative, but PLENTY of evidence suggesting he isn't.
Those concerns fell on deaf ears here and I was either laughed at, or shouted down. According to the Gorsuch fan club, Trump says his judge's "judicial philosophy" is "originalist" and that's all we need to know to prove he is Scalia, mach 2. "God bless PDJT for keeping his campaign pledge to give us a pro-life, Scalia-like judge", they said.
If FReepers sincerely felt that it made NO DIFFERENCE that Gorsuch attends some wacko "social justice" church with a kooky far-left activist "pastor" in his "private life", then they owe Barack Obama an apology for using "Rev" Jerminah Wright to discredit him.
END OF STORY.
Just loving MR. OPERATION WARP SPEED & his SCOTUS choices. I am sure Barrett will come thru on the mandated C-19 jabs as the Elites know what’s best for us Lessers.
PITY the poor children/teens with no Adults to protect them by Law- Pedophiles are having a field day and the screwed up gender dysphorics will get no help - the Munchausen-by-proxy adults aid & abet the SJW transformational fascists out to ruin normal human life so predictably. There are no political solutions left for us. We will all answer to God for tolerating the intolerable.
“Trump needs to vet his SCOTUS candidates much better.”
It’s McConnell that picks them.
No the plaintiff could not choose another hospital, because LGBT is the cudgel used to remove Christianity from our culture.
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