A truly gifted attorney would not be in the employ of
Alliance Defending Freedom.
According to ADF lawyer, Matt Bowman: Biden HHS values ideology over biology and patients’ safety. It is a certainty that Mr. Bowman is not qualified to offer an opinion regarding “patients’ safety.”
If nothing else Bowman demonstrates the importance of voting. Bowman took time off from Alliance Defending Freedom to serve in the Trump administration. The would-be arbiter of morality had no problem serving in the administration of a narcissist, sociopath and pathological liar.
According to Bowman:
A classic strategy of bureaucratic activism is to create new rules by redefining terms in existing law. It’s very efficient. Instead of having the people’s representatives pass new laws, the people are simply informed of what their laws now “mean” — regardless of what they meant when they were passed.
[ … ]
In a reversal of Trump-era policy, President Joe Biden’s Department of Health and Human Services announced suddenly that it would interpret existing laws on sex discrimination to include sexual orientation and gender identity. Under the new rules, doctors will be required to provide gender transition drugs or surgeries to any patient suffering from gender dysphoria, whether the doctor thinks that action is the right course or not. Even suggesting alternate approaches could be forbidden for showing “hostility.”
“Mr. Bowman is an unhinged zealot. He objects to the existence of transgender persons because — in his mind — they present a conflict with scripture.”
First of all, the Supreme Court has already done that insofar as workplace discrimination is concerned. (Bostock v. Clayton County, 2020). The Court reasoned that gender identity and sexual orientation were protected classes under Title VII of the Civil Rights Act of 1964.
Secondly, Mr. Bowman is full of crap. There is no law requiring doctors to perform procedures that they are not qualified to administer. Any doctor who does not want to provide gender-affirming care is unlikely to have the applicable training and experience. Bowman’s bullshit is now acceptable Christian mythology. Acceptable, that is, to people like Mr. Bowman.
Bowman goes on for four paragraphs about poor doctors. Then some obligatory lore:
In one case , a child was lost during labor because the hospital didn’t realize the patient, who identified as male, was actually a pregnant woman. Such tragedies will proliferate if physicians are forced to turn patients’ records into cultural propaganda.
First of all, a fetus is not a child. Secondly, the miscarriage was not the result of the individual being transgender. It happened because a triage nurse did not listen to the patient. Moreover, this is not a representative incident. This was an isolated incident regarding one person out of the millions of transgender Americans. Furthermore, Bowman’s crystal ball is cracked. If it happens again it will not be a result of the fact that trans persons exist.
Mr. Bowman is an unhinged zealot. He objects to the existence of transgender persons because — in his mind — they present a conflict with scripture. Feigned concern for the wellbeing of people is just window dressing.
“What that litigation is really about is an objection to using preferred pronouns which, apparently, if left unchecked, causes angels to die.”
This goes on for several paragraphs followed by more bullshit:
The West is facing an explosion of gender dysphoria, particularly among adolescent girls . What our response should be is far from settled in the medical field. Already, though, evidence indicates that immediate and unquestioning transition is a dangerous course. Story after story is surfacing of girls who were rushed to transition and now regret the life-altering procedures medical providers didn’t hesitate to perform.
There is a link in the above to Abigail Shrier’s idiotic book. Ms. Shrier is not a scientist. Her book is not peer-reviewed research. Shrier is an ultra-conservative Jewish woman. There is no evidence to support Shrier’s theory, Bowman’s “explosion” or, for that matter, Bowman’s claims of transition regret.
This nonsense goes on for three verbose paragraphs that mischaracterize statistics. Transgender persons are transitioning earlier in life. However, the percentage of people who are transgender remains a stable 0.5% to 0.6% of the population. They endure a disproportionate amount of marginalization because — again — of nothing other than religious doctrine.
I concede that there is a misstatement in DSM-5. I have entertained several different explanations. What they have in common is an acknowledgment that the population statistics in the DSM are incorrect.
Getting back to the title of Bowman’s jeremiad, he makes no effort to support his contention that there is some misunderstanding of biology. There is a misunderstanding by Mr. Bowman. According to the Endocrine Society (the oldest medical society still in existence): “There is a durable biological underpinning to gender identity.”
“Their interest is in defending the faith. Collateral damage seems to be irrelevant to them.”
Furthermore, according to the Society (in regards to patient safety:
The above is not conjecture. Rather it is the conclusion of evidence-based, peer-reviewed research.
Moreover — on the subject of safety — gender-affirming care forms the basis for the clinical practice standards of the American Academy of Pediatrics.
What Bowman’s intellectually dishonest screed is really about is ADF’s representation of the Catholic Medical Association and American College of Pediatricians (a tiny anti-LGBTQ hate group). In American College of Pediatricians v. Becerra ADF makes the same false and idiotic argument about doctors being forced to offer gender confirmation surgery. What that litigation is really about is an objection to using preferred pronouns which, apparently, if left unchecked, causes angels to die.
I get that lawyers have license to make hyperbolic arguments in support of their clients. I really do. However, Bowman’s arguments are beyond hyperbole. Sophistry exceeds hyperbole insofar as dishonesty is concerned. Furthermore, in the process, Bowman and ADF are marginalizing a very vulnerable minority group.
It never seems to bother the folks at Alliance Defending Freedom are hurting people. Their interest is in defending the faith. Collateral damage seems to be irrelevant to them.