Healthcare Dragooned to Effect Social Change

National Review 
by Wasley J. Smith
January 10, 2019


The Affordable Care Act was about much more than guaranteeing all Americans access to health insurance. As wielded by the Obama Administration, the law became a means of effecting progressive social change.

Thus, Obama’s HHS promulgated a rule that equated discrimination based on gender identity to that based on sex, toward the end of requiring insurance to pay for medical interventions of patients who identify as a different sex than they were born. But that provision could also be wielded against doctors or hospitals in medical conscience disputes, for example, a doctor who refuses to prevent normal puberty in gender-dysphoric children might face charges of “discrimination.”

The Trump HHS is seriously pondering changing course by defining gender as biologically determined, causing two LGBT advocates to blow a gasket in a column published in the ever-more ideological New England Journal of Medicine. Lawyer Jocelyn Samuels, an Obama Administration official and current director of the Williams Institute at UCLA Law School, and Mara Keisling, who is with the National Center for Transgender Equality — remember, the NEJM is supposedly a medical, not a political journal — write in “The Anti-Trans Memo: Abandoning Doctors and Patients”:

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