America First Legal (AFL) secured a seismic win against the Biden Administration, with a U.S. District Court in Northern Texas ruling against the administration’s attempt to force doctors to aid the gender transition process.
AFL filed a lawsuit against the Biden administration after they attempted to reinterpret Section 1557 of the Affordable Care Act which prohibits health care organizations that receive federal funding from engaging in discrimination on the basis of sex.
The administration attempted to extend the law to also prohibit discrimination on the basis of sexual orientation and gender identity, which AFL notes would “force doctors to provide transgender medical services,” which include puberty blockers and hormone therapy for children, as well as “referrals for surgeries that result in castration, sterilization, and genital mutilation.”
U.S. District Judge Matthew Kacsmaryk ruled against the Biden Administration in a 26 page decision, which states that a 2020 Supreme Court decision, Bostock v. Clayton County, which prohibited workplace discrimination on the basis of sexual orientation, does not apply to the Affordable Care Act’s Section 1557.
President of America First Legal Stephen Miller called the decision “a historic victory against both the imperial presidency and extremist gender ideology.”
Kacsmaryk also noted that Congress could have barred discrimination on the grounds of sexual orientation or gender identity when drafting the 2010 legislation, but they did not.
Instead, the legislation incorporates Title IX of the Education Amendments Act of 1972. Kacsmaryk added, “As written and commonly construed, Title IX operates in binary terms – male and female – when it references ‘on the basis of sex.’”
In his decision, Judge Kacsmaryk notes that the Supreme Court Case Bostock v. Clayton County does not apply to this case. Kacsmaryk states, “The Court will not export Bostock’s reasoning to Section 1557 or Title IX.”
He goes on to remark, “Bostock does not apply to Section 1557 of Title IX. Instead, the court analyzes ‘on the basis of sex,’ as used in Title IX … by giving the term its ordinary public meaning at the time of its enactment and in the context of Title IX.”
He also added that “Title IX presumes sexual dimorphism in section after section,” using the phrase “both sexes” to denote the existence of two different sexes.
Kacsmaryk has become one of the most popular federal trial judges appointed by former President Trump, delivering important victories for constitutional conservatives. Judge Kacsmaryk previously ruled that President Biden and Homeland Security Secretary Alejandro Mayorkas violated federal immigration law and the Administrative Procedure Act (APA) when they decided to stop enforcing the Remain in Mexico policy, which sends certain illegal immigrants crossing the U.S. – Mexico border back to Mexico while their immigration claims are processed.
Though the decision was appealed by the Justice Department, it was then affirmed by Trump-appointed Judge Andrew Oldham, who wrote the decision for a Trump-appointed majority on the U.S. Court of Appeals for the Fifth Circuit.
“Forcing doctors to treat boys as girls and women as men is sheer anti-science lunacy. If the medicine is not safe from woke ideology then nothing and no one is safe,” Stephen Miller remarked in a statement.
Miller went on to note, “This decision affirms that Biden broke the law by ordering doctors to substitute superstition for biology and to conduct barbaric experiments on children.”
The case is Neese v. Becerra, No. 2:21-cv-163 in the U.S. District Court for the Northern District of Texas.
Spencer Lindquist is a reporter for Breitbart News. Follow him on Twitter @SpencerLndqst and reach out at slindquist@breitbart.com.
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