In a landmark ruling, the Texas Attorney General won a nationwide injunction to block an Obamacare mandate that required taxpayers to pay for “transgender reassignment surgeries” and abortions.
The new rule was to take effect Jan. 1 – it defined “sex” as a “state of mind.”
But on Saturday, a federal district court judge granted AG Ken Paxton a temporary injunction to stop the new rules. It would have forced the Employees Retirement System of Texas to amend its insurance coverage terms to provide for the reassignment surgeries and abortions. There are about 500,000 employees in the state with the coverage, Breitbart is reporting.
As part of Obama’s mandates in July, the Department of Health and Human Services executed a new rule redefining the term “sex” in the Affordable Care Act not as a “biological fact,” but merely as a “state of mind.”
A statement released by the Texas Attorney General on Sunday says that “The Obama administration is attempting to redefine the law so that the term ‘sex’ means one’s ‘internal sense of gender which may be male,
female, neither, or a combination of male and female,’ even though the president lacks the authority to rewrite the law.” When Congress enacted the law for Obamacare, it used the term “sex” as a biological category.
The new rule would force doctors and other health care workers to provide sex transition services and abortions even if it is against their medical judgement or religious beliefs to do so, Paxton said. “This runs roughshod over laws in Texas and other states that protect the independent medical judgment of doctors, which ensures the integrity of the doctor-patient relationship.”
“This striking example of federal overreach under Obamacare would force many doctors, hospitals and other health care providers in Texas to participate in sex-reassignment surgeries and treatments, even if it violates their best medical judgment or their religious beliefs,” Attorney General Paxton said. “I will always fight to protect the constitutional rights of Texans.”
The new rule is part of Obama’s “gender fluidity” mandate – incorporated across all public schools as well, mandating that districts must allow students to use bathrooms and locker rooms with showers that are consistent with the gender identity they associate with on any particular day.
If they refuse, they risk losing millions in federal funding. Texas is one of 13 states leading the charge against the restroom mandate. An injunction has already been ordered in that case back in October.
Expect these decisions to come down after President Trump takes office and his team have had a chance to weigh in.
And that’s a good thing.