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A federal appeals court ruled Friday that the federal government cannot compel Christian medical institutions to perform abortions or sex reassignment procedures under the Affordable Care Act.
In a unanimous decision, the Fifth Circuit Court of Appeals upheld a lower court’s permanent order protecting Christian groups from anti-discrimination lawsuits under a provision known as Section 1557 of the ACA.
Groups participating in the lawsuit were the Christian Medical and Dental Associations, Specialty Physicians of Illinois, and the Catholic Hospital System’s Franciscan Alliance Inc. Both states that performing abortions and sex reassignment surgery violates religious freedom.
The judge wrote that the providers suffered damages because the U.S. Department of Health and Human Services (HHS) “repeatedly refused to deny enforcement” against them.
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Circuit Judge Don Willett, in dismissing the government’s argument, said, “HHS, in its brief on appeal, ‘has not evaluated to date’ whether it will enforce section 1557 against the Franciscan Alliance. We have not.’ In other words, we acknowledge that we may.” “We have repeatedly maintained that plaintiffs face similar prosecutorial indecision.”
Joe Davis of the Beckett Foundation for Religious Freedom, which represents Christian groups, called the ruling “a huge victory for the rights of conscience and compassionate healthcare in America.”
The lawsuit, Franciscan Alliance v. Becerra, began when the group filed a lawsuit in federal court in Wichita Falls, Texas, challenging Obama-era HHS rules. Participate in federal funds or ACA exchanges.
In 2019, U.S. District Judge Reed O’Connor reversed portions of the judgment but declined to issue an injunction. A year later, the Trump administration withdrew the rule.
Plaintiffs appealed to the Fifth Circuit and sought an injunction. The court remanded the case to his O’Connor for further consideration. He then enforced the Act of 1557 against Christian groups, issuing broad injunctions against demanding abortion and transsexual services.
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HHS appealed the injunction, culminating in Friday’s ruling in which the Fifth Circuit upheld the lower court’s order.
Reuters contributed to this report.