Christian employers cannot be forced to cover gender transitions, judge rules

Christian employers cannot be forced to offer health insurance coverage to employees that covers gender transition treatments, a North Dakota federal judge ruled on Monday!

U.S. District Judge Daniel Traynor in Bismark issued a decision on Monday saying that the Equal Employment Opportunity Commission and the Department of Health and Human Services have impinged upon the beliefs of the Christian Employers Alliance in attempting to require all employers to cover gender transition treatments for their employees.

HHS and EEOC changed their interpretation of a section in Obamacare that prevents discrimination based upon sex following the U.S. Supreme Court decision in Bostock v. Clayton County in 2020 that sexual orientation and gender identity are included in employment anti-discrimination protections.

The CEA initially filed suit against the EEOC and HHS in October 2021, claiming that the agencies were misinterpreting and incorrectly enforcing the law to force religious employers to pay for transgender procedures against their beliefs. The lawsuit also challenged HHS's interpretation of "sex" to also include "gender identity."

The court ruled that excessive monetary penalties for not complying with the Biden administration's interpretation of the law "substantially burdened [CEA] for refusing to violate its beliefs."

“CEA must either comply with the EEOC and HHS mandates by violating their sincerely held religious beliefs or else face harsh consequences like paying fines and facing civil liability," Traynor wrote in his ruling. "[But] religious freedom cannot be encumbered on a case-by-case basis.”

In May 2022, Traynor issued a preliminary injunction order on behalf of CEA, temporarily halting the enforcement of the nondiscrimination policy from HHS and EEOC regarding transgender surgeries, procedures, counseling, and treatment.

Matt Bowman, a senior counsel for the conservative legal advocacy group Alliance Defending Freedom that represented CEA, said in a press statement that Traynor's ruling on Monday was "on firm ground to stop the administration from enforcing these unlawful mandates that disrespect people of faith."

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"The employers we represent believe that God purposefully created humans as either male or female," Bowman said, "and so it would violate their religious beliefs to pay for or perform life-altering medical procedures or surgeries that seek to change one’s sex."

CEA President Shannon Royce said in a press statement that her organization is "overjoyed" that the employers do not "have to choose between the biblically based employee benefits and quality healthcare they provide, and the threat of federal enforcement and massive costs for practicing their faith."