Texas Attorney General Ken Paxton has secured a nationwide stay that prevents the Biden Administration from mandating federally-funded healthcare providers to conduct “gender transition” surgeries. This follows a prior legal victory for Texas, which obtained a stay of agency action blocking the rule's enforcement in Texas and Montana. The court has now extended this relief nationwide.
In May 2024, the Biden Administration introduced a new rule under Section 1557 of the Affordable Care Act. This rule aimed to defund healthcare providers who refuse to perform or fund experimental and potentially dangerous “gender transition” procedures. Under this mandate, medical institutions refusing to comply could lose all federal healthcare funding, including Medicaid and Medicare support. The rule also asserted federal preemption over any state laws prohibiting such procedures.
In June 2024, Texas and Montana filed a lawsuit against the U.S. Department of Health and Human Services (HHS), arguing that the rule was an unconstitutional attempt to override state legislation. They contended that the Affordable Care Act does not authorize HHS or any other government agency to compel institutions to perform or finance these procedures.
“When Biden and Harris sidestep the Constitution to force their unlawful, extremist agenda on the American public, we are fighting back and stopping them,” stated Attorney General Paxton. “By blocking this destructive policy, which would have forced taxpayer-funded hospitals to conduct unproven and dangerous ‘gender transition’ procedures, Texas has delivered a major victory for Americans across the country.”
For further details on the order, click here.