Transgender people and women already have it hard. In spite of how progressive society is compared to thirty or even twenty years ago, the world still has a long way to go when it comes to accepting the transgender community and providing equal rights to women. A Texas judge’s ruling not long ago only reinforces the discrimination they face.
According to the news, a judge oversaw a lawsuit filed against feds on behalf of a religious hospital organization and four other states. The lawsuit claimed the Affordable Care Act’s nondiscrimination clause violated a doctor’s religious freedom by forcing him or her to perform gender transition procedures and abortions. In response, a judge issued a nationwide injunction against this rule, saying it does indeed violate religious freedom
He added that federal laws only forbid doctors from discriminating against patients based on sex, not their gender identity or past abortions. To extend the definition would violate the Religious Freedom Restoration Act. The ruling basically allows doctors to refuse to treat trans patients or women who’ve had abortions due to religious beliefs.
He further defended his ruling by stating that a doctor’s refusal to treat a patient who is transgender or has had an abortion does not limit that patient’s access to health care and coverage. He added that the government does not seem concerned with transgender people’s access to health care anyway.
Well, the government needs to start caring more and judges should not be using it to their advantage. A survey called the U.S. Transgender Survey, released in 2015, revealed that one in three transgender patients report experiencing discrimination or bias when seeking medical care, even when that care has nothing to do with their status. These experiences included verbal harassment, physical or sexual assault, refusal of treatment, and/or having to educate doctors about transgender people.
Another study might defend some doctors in some cases, though it is no excuse. This survey titled “Transgender Health in Endocrinology: Current Status of Endocrinology Fellowship Programs and Practicing Clinicians” measured doctors’ confidence levels and willingness to treat transgender patients. It showed that there is a severe lack of training among doctors regarding treatment of transgender patients. Program directors were interviewed and although 72% said they provide some kind of education on the subject, they also said they struggled to educate their fellows on these issues because they do not have enough experienced faculty to teach them.
This ruling is just as horrible for women who have had abortions. This is a population that already has to jump through hoops to get an abortion and receives discrimination. Most women are forced to go to a Planned Parenthood clinic because a doctor will refuse to provide a morning-after pill or perform an abortion on religious grounds, even if the patient claims she was raped.
Hopefully no other judge or state will get any ideas from this judge's ruling. However, I am sad to say that I have no doubt similar rulings on women’s or transgender issues will occur in the future.
