Attorney General Knudsen Challenges Biden’s Attempt to Force Radical Gender Ideology on Americans

Montana Attorney General Austin Knudsen filed a lawsuit Tuesday against the Biden administration’s radical new rule that will hold funding hostage if states and healthcare providers refuse to provide or pay for dangerous and experimental “gender-transition” treatments for adults and children. This is the 50th lawsuit Attorney General Knudsen has filed against the Biden administration. The Department of Health and Human Services’ rule, “Nondiscrimination in Health Programs and Activities,” was promulgated under Section 1557 of the Patient Protection and Affordable Care Act (ACA) and forces healthcare providers to perform “gender-transition” medical activities on adults and children seeking to “transition,” or risk losing federal funding. However, Section 1557 does not authorize—and has never authorized—the federal government to compel anyone to perform or pay for “gender-transition” procedures. “This is another attempt by the Biden administration to force the left’s radical gender ideology on Americans. Healthcare providers should not be forced to perform dangerous and life-altering experimental procedures under the threat of losing the federal funding they rely on to keep their doors open. And the states should not be compelled to foot the bill for treatments that are leaving people, even children, with irreversible damage," Attorney General Knudsen said. "Biden has once again overstepped his authority and I will not stand by while he continues his assault on the Constitution and our Montana values.” Attorney General Knudsen argues in the lawsuit that the final rule exceeds its authority under Section 1557, Title IX, and the United States Constitution and asks the Court to determine the final rule unlawful and enjoin the federal government from enforcing the rule. Originally, Section 1557 banned any federally funded health program from discriminating on the grounds prohibited under Title IX, which prohibits discrimination “on the basis of sex.” The new rule, however, equates “sex” discrimination with discrimination based on “gender identity,” a broad interpretation of the rule. As a result, Montana and other states must allow and pay for controversial drugs and experimental surgeries for those seeking to “transition.” The rule will wreak financial havoc on Montana’s medical system as the state receives around two-billion dollars in federal financial aid administered by HHS every year. This new rule places unlawful strings on that aid, penalizing Montana for attempting to protect its citizens from harmful medical procedures and for declining to insure those procedures in its health plans. Healthcare providers could also be forced to choose between violating state law or losing their federal funding. In 2023, Montana enacted Senate Bill 99, which provides that a person may not knowingly provide surgical procedures to address a minor's perception that their gender differs from their biological sex. Although SB 99 has been preliminary enjoined by a state district judge, Montana has appealed that ruling. This is the fourth time a president and his administration has attempted to use their authority change Section 1557. In every instance, the court disagreed with the administration and the rule failed. “The fourth time is not the charm. HHS’s latest attempt to refashion the medical profession to match its views on “gender identity” and “gender-affirming care” again exceeds its authority under Section 1557, Title IX, and the United States Constitution, and it must be set aside,” the lawsuit states. Montana filed the lawsuit with Texas.