The Liberty Justice Center has taken legal action on behalf of Dr. Eric Cubin, a radiologist from Wyoming, by filing an appeal with the U.S. Court of Appeals for the Tenth Circuit. The appeal challenges Dr. Cubin's forced resignation from the Wyoming Board of Medicine, which was allegedly due to his support for a legislative ban on gender-affirming care for minors.
In February 2024, Dr. Cubin sent an email to the Wyoming House of Representatives endorsing Senate File 99, also known as "Chloe’s Law." This legislation prohibits gender reassignment surgeries and hormone therapy for minors and was signed into law by Governor Mark Gordon in March 2024. Following this, Governor Gordon removed Dr. Cubin from his position on the Board, citing his email as the reason.
Dr. Cubin had been appointed to the Board in 2023, where he was involved in overseeing medical regulation and compliance within the state. His communication to the legislature was made in a personal capacity and criticized the Wyoming Medical Society for its stance against "Chloe’s Law," claiming it did not represent its members' views adequately.
Governor Gordon argued that Dr. Cubin's letter created an "appearance of bias" and suggested he might be speaking on behalf of the Board, despite clear indications that it was a personal statement.
The Liberty Justice Center initially filed a lawsuit in August 2024 claiming that Governor Gordon's actions infringed upon Dr. Cubin's First Amendment rights. A motion for preliminary injunction to reinstate him during litigation was denied by a federal district court in October 2024. The current appeal seeks to overturn this decision and reinstate Dr. Cubin.
Jacob Huebert, President of the Liberty Justice Center, stated: “The record in this case is clear: Governor Gordon fired Dr. Cubin from the Wyoming Board of Medicine because he spoke out on legislation.” He added that there was no valid justification for what he described as retaliatory actions violating First Amendment rights.