Attorney General Todd Rokita has filed a lawsuit challenging a U.S. Department of Health and Human Services (HHS) rule that mandates medical providers to perform surgeries and administer hormones for gender transition in both children and adults.
“The Biden administration will stop at nothing to impose its radical transgender ideology on Hoosiers and all Americans,” said Attorney General Rokita. “These HHS bureaucrats are illegally weaponizing the U.S. healthcare system in this misguided quest. With our lawsuit, we aim to protect common sense, science, and the rule of law — not to mention the physical and mental health of people experiencing gender dysphoria.”
The rule redefines the Affordable Care Act’s prohibition against discrimination based on “sex” to include “gender identity.” It categorizes doctors who adhere to the traditional understanding that males and females have different anatomies as discriminatory.
A similar rule proposed by the Obama administration was struck down by federal courts in 2016.
The new HHS rule could significantly impact Indiana and 14 other states involved in the lawsuit, particularly where there are restrictions against performing gender-transition interventions on minors. Non-compliant entities risk losing substantial federal funding, including billions of dollars from state Medicaid programs intended for low-income individuals, as well as exposure to civil liability through private lawsuits.
The 15-state lawsuit is led by Tennessee and Mississippi. Related court documents have been attached for reference.