Dr. Jeanie Dassow - Anti-trans warrior
Dr. Jeanie Dassow is one of the plaintiffs in litigation challenging the dignity of transgender persons | via Erlanger Health System

Conservative Christians are likely to have
a pyrrhic legal victory.

A legal challenge based upon anti-trans bigotry.

Alliance Defending Freedom, an anti-LGBTQ hate group, is a prosperous organization. In 2020 it took in $65 million. Included in that sum is $828 thousand of court awarded legal fees. I suspect that their costs far exceeded what courts ordered in reimbursement from cases that they won.

I cannot fathom the logic of American College of Pediatricians v. Becerra. The case is being heard in the Eastern District of Tennessee. Mary Margaret Olohan at Heritage Foundation describes this case: “Pediatricians Sue Biden Administration for Requiring Doctors to Perform Trans Surgeries Against Beliefs.”

“Underlying all of this nonsense is the premise that trans persons are too stupid to seek medical care from trans-qualified clinicians.”

Joining ACPeds as plaintiffs are the Catholic Medical Association and a Knoxville, TN OB/Gyn, Dr. Jeanie Dassow.

Getting back to Ms. Olohan, a two-watt bulb, her assertion is preposterous. What surgeon has been — or would ever be — forced to perform gender confirmation surgery? Moreover, asking a general surgeon who does not ordinarily perform the procedure to do so would be like asking a podiatrist to perform a coronary bypass.

How about an endocrinologist? Could one be forced to provide puberty blockers or cross-sex hormones? Once again, transgender medicine is a highly specialized field. Furthermore, an endocrinologist who does not provide transition services is probably not qualified to do so.

Underlying all of this nonsense is the premise that trans persons are too stupid to seek medical care from trans-qualified clinicians. Transgender persons seek doctors who are familiar with treating transgender patients.

Ah, but there is more:

According to the complaint drawn up by Alliance Defending Freedom:

“‘Overreaching’ describes ADF’s complaint. The issue is a religious objection to the existence of transgender persons.”

This case challenges whether the federal government can make medical doctors perform gender-transition surgeries, prescribe gender-transition drugs, and speak and write about patients according to gender identity, rather than biological reality—regardless of doctors’ medical judgment or conscientious objections.

Pronouns. Fucking pronouns are part of the “problem.” Oh the tragedy of politely addressing people as they choose to be addressed!

But there is more:

… Under the government’s overreaching interpretation, doctors now face an untenable choice: either act against their medical judgment and deeply held convictions by performing controversial and often medically dangerous gender-transition interventions, or succumb to huge financial penalties, lose participation in Medicaid and other federal funding, and, as a practical matter, lose the ability to practice medicine in virtually any setting.

“Overreaching” describes ADF’s complaint. The issue is a religious objection to the existence of transgender persons. It has nothing to do with medical judgment. Moreover, it does not matter if a doctor perceives transgender medicine to be “controversial” (it is not) or “medically dangerous” (it’s not that either).

Let’s say that the fictional Dr. Abe Goldberg — an atheist — does not agree with the scientific consensus. Dr. Goldberg, an endocrinologist, offers puberty blockers only to treat some cancers and to treat precocious puberty. Is anyone going to sue him for discrimination or file a federal complaint?

“In the end, however, the plaintiffs probably win this idiotic lawsuit. It is idiotic because, in reality, they win nothing.”

The first step is a ruling on plaintiffs’ demand for an injunction prohibiting enforcement of HHS rules, specifically as they apply to transgender persons.

No judge has been assigned to this case but the odds are not in our favor. Of the district judges, one is an Obama appointee; one appointed by George W. Bush. Furthermore, three of the judges were appointed by Trump. One of those is likely to preside over this case.

Whether or not the plaintiffs prevail in obtaining an injunction will depend upon the judge. Issuing the injunction is tantamount to a final verdict in favor of the hate groups. Not issuing the injunction foretells nothing about the final outcome.

In the end, however, the plaintiffs probably win this idiotic lawsuit. It is idiotic because, in reality, they win nothing. Meanwhile, transgender persons are given second-class citizenship. Moreover, U.S. taxpayers pick up the tab for litigation that is likely to go on for years.

If the plaintiffs lose this suit then ADF will fight this through the appellate courts. More money wasted by ADF and taxpayers. And it’s all predicated on anti-trans bias.

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Dr. Dassow did not respond to an email requesting comment.

By David Cary Hart

Retired CEO. Formerly a W.E. Deming-trained quality-management consultant. Now just a cranky Jewish queer. Gay cis. He/Him/His.