In a major decision, the United States Court of Appeals for the Eighth Circuit upheld a lower court on Friday that enjoined the Department of Health and Human Services (HHS) from forcing doctors with conscientious objections to perform gender transition surgeries. The case, Sisters of Mercy v. Becerra, concerns a 2016 rule that religious hospitals may be subject to non-discrimination provisions under the Affordable Care Act and that would require them to perform gender transitions.
Under Section 1557 of the Patient Protection and Affordable Care Act, the HHS and the Equal Employment Opportunity Commission found that anti-discrimination provisions requires doctors to perform and provide insurance coverage for gender transitions.
The district court held “that the [Religious Freedom Restoration Act of 1993 (RFRA)] entitles the . . . [p]laintiffs to permanent injunctive relief from the provision or coverage of gender-transition procedures.”
The Biden Administration brought an appeal by challenging the ability of the plaintiffs to be heard in federal court for failure to establish standing, ripeness, and imminent irreparable injury sufficient to justify permanent injunctive relief.
The Eighth Circuit rejected the appeal. One of the critical factors in the litigation was Bostock v. Clayton County, 140 S. Ct. 1731 (2020) where the Court held that “[w]hen an employer fires an employee for being homosexual or transgender, it necessarily and intentionally discriminates against that individual in part because of sex” under Title VII. 140 S. Ct. at 1744.
The Eighth Circuit noted the significance to the instant case:
In other words, the Court interpreted Title VII’s prohibition on “sex discrimination” to include gender identity and sexual orientation. Although the Court “proceed[ed] on the assumption that ‘sex’ . . . refer[s] only to biological distinctions between male and female,” id. at 1739, it determined that “it is impossible to discriminate against a person for being homosexual or transgender without discriminating against that individual based on sex,” id. at 1741. But the Court cautioned that it was not “prejudg[ing]” whether its “decision will sweep beyond Title VII to other federal or state laws that prohibit sex discrimination.” Id. at 1753. The Court also expressed “deep[] concern[] with preserving the promise of the free exercise of religion enshrined in our Constitution.” Id. at 1754. “But,” the Court noted, “worries about how Title VII may intersect with religious liberties are nothing new.” Id. In fact, Congress went “a step further . . . in . . . RFRA” by “prohibit[ing] the federal government from substantially burdening a person’s exercise of religion unless it demonstrates that doing so both furthers a compelling governmental interest and represents the least restrictive means of furthering that interest.” Id. “Because RFRA operates as a kind of super statute, displacing the normal operation of other federal laws,” the Court explained, “it might supersede Title VII’s commands in appropriate cases.” Id. Thus, “other employers in other cases may raise free exercise arguments that merit careful consideration.” Id.
The Biden Administration had hoped to avoid the merits in the case by challenging the ability of courts to hear these appeals. It is now facing successive adverse decisions that could find their way to the Supreme Court. The result could prove the opposite bookend case for Bostock.
Here is the opinion: Sisters of Mercy v. Becerra
Whatever….who is who is why a lot of law school grads decide not to play the game……what are you talking about? And who is who? Brief the case. But I can already tell you….after the 8th ketamine cases….there is no individual right……so put that on your chest sheet! Individual rights will lose in this case
….they have to to give cops ketamine rights. No matter who is who….
If you can get people to believe that it’s ok for boys to compete in girls sports and then get athletic scholarships meet for girls, then you can get them to believe anything. What the hell was title 9 all about?
OT
“The education system is where young skulls full of mush are programmed and propagandized into the system. They are highly valuable. That’s why they’re subsidized. You know, universities are approaching the same circumstance we have in health care. What it costs is not related at all to market forces. Meaning what it costs is not related to what people can afford. You get right down to it, how many Americans, how many families can afford 20,000, 30,000, $50,000 a year or semester to send their kids off to college? It has to be subsidized.”
– Rush Limbaugh
Propaganda – Indoctrination
Mind Change – Not Climate Change
Transgender human beings suffer from mental illness. Doctors who dispense gender-affirming chemicals or hormones or who perform gender-affirming surgery should be arrested and do time in prison.
When same-sex marriage was made a constitutional right, did anyone really think that would be the end of it? They’re trying to turn Catholics into gender fanatics, on pain of unemployment–or worse.
In the future, give the left nothing without getting a quid pro quo. They are stripping away your freedoms and nullifying your rights as parents. When they want something, you have plenty of justifiable demands you can ram down their throats. If they don’t want to negotiate, SCREW ‘EM!!
The GOP needs to learn how to play hardball. This is a catastrophic, strategic problem with the GOP. Desantis gets it. Does anybody else?
And BTW the left won’t negotiate. They’re political infants. They’ll concede nothing so don’t give them anything.
“The GOP needs to learn how to play hardball” That does seem to be the problem, the GOP. Its membership seems to be a little limp. Perhaps more members who are also hardcore Oathkeepers would spur on some meaningful confrontations with the prog/left fanatics. DeSantis, alone, still needs gatekeeper McConnell’s money and support if he wants to win and that will require him to compromise his convictions to play. Oust the old rinos first then confront the left.
Kevin “The Bumpkin From Bakersfield” McCarthy is taking lessons from that pugnacious (sarc) and invincible politico, John Boehner.
Look, there’s Kev driving up 71 from the Central Valley and home of Buck Owens and the Buckaroos now.
An old tosspot is probably better than Sun Tzu at teaching war, right?
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“He started working at his family’s bar at age 8, a business founded by their grandfather Andy Boehner in 1938.[11]…”
– Wiki
IFIFY
IGNORING THE 800 LB GORILLA IN THE ROOM
The American Founders and Framers provided America the Rules of Monopoly – how to play the game. Those rules are referenced as the U.S. Constitution and Bill of Rights. Someone should deliver copies to the Supreme Court – I’m certain its Justices learned to read well in America’s superlative public schools.
Congress may tax for ONLY debt, defense and infrastructure, aka “general Welfare.”
Congress may regulate ONLY the value of money, commerce among the States, and land and naval Forces.
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“That’s all, folks!”
– Porky Pig
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HHS, ACA, EEOEC et al. are unconstitutional. The Constitution severely limits and restricts government, while it provides maximal freedom to individuals, to the people.
RFRA is unconstitutional as a moot redundancy and was written precisely because the Constitution is being violated – hello, Supreme Court, the immutable and comprehensive religious rights and freedoms are already there.
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1st Amendment
Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.
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The owners of private property are the sole entities with the power to hire, fire, direct and pay employees. The right to private property is absolute. If the right to private property is not absolute, private property is public property and the right to private property does not exist.
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“[Private property is] that dominion which one man claims and exercises over the external things of the world, in exclusion of every other individual.”
– James Madison
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Discriminatory Non-Discrimination laws, and unfair Fair-Housing laws, EEOC, etc., are all unconstitutional. Innate in the freedom of speech are the freedom of thought and the freedom of opinion. Discrimination is the first step of opinion, thought, speech and freedom. Equity is the absence of bias and favoritism. Private property has the power to hire on its private criteria without interference, government (when constitutional sized and extremely smaller) has the power and responsibility to hire on merit alone.
The Supreme Court has no power to modify the Constitution, or to modify it through “interpretation.” Justices have no authority to “outthink” the literal words of the Constitution. Justices have sworn an oath to support the “manifest tenor” of the Constitution.
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“…courts…must…declare all acts contrary to the manifest tenor of the Constitution void.”
“…men…do…what their powers do not authorize, [and] what they forbid.”
“[A] limited Constitution … can be preserved in practice no other way than through the medium of courts of justice, whose duty it must be to declare all acts contrary to the manifest tenor of the Constitution void. Without this, all the reservations of particular rights or privileges would amount to nothing … To deny this would be to affirm … that men acting by virtue of powers may do not only what their powers do not authorize, but what they forbid.”
– Alexander Hamilton
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Creeping communism has been illicitly nullifying the “manifest tenor” of the Constitution and terminating American rights and freedoms for 150 years. The entire American welfare state is unconstitutional. The Supreme Court was made aware of its power of Judicial Review in 1803 and has simply not done its duty – with the sole exception of Chief Justice Roger B. Taney in 1861.
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“In one word, you reproach us with intending to do away with your property. Precisely so: that is just what we intend.”
– Karl Marx
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Oh, and your freedoms, your treasure, your culture and your country.
I’m not trying the influence religion. But, the biblical story of Sodom and Gomorrah is becoming more believable as each day passes. The insanity of homosexuality and all it’s trappings has no end. Looking at the section of the ancient story where people were banging at Lots door demanding sex with his new visitors seemed over the top until now. The depravity the story told felt like hyperbole more than a factual accounting of events.
I honestly can’t say the story is fiction or just a metaphorically designed tale. It’s becoming a story that can be easily believed in today’s disgusting environment of sickening licentiousness.
A theory is that the cities of perversion were hit by debris from a meteor. Quite the remarkable coincidence.
I honestly can’t say the story is fiction or just a metaphorically designed tale. It’s becoming a story that can be easily believed in today’s disgusting environment of sickening licentiousness.
The sin of Sodom had nothing to do with licentiousness, sex, prostitutes, horny men nor homosexuality.
Genesis 19, the source text states, clearly states that the visitors were angels. Read the source text of Genesis that relates the story of Sodom, in the very first verse. It is abundantly clear:
The two angels reached Sodom in the evening, as Lot was sitting at the gate of Sodom. When Lot saw them, he got up to greet them; and bowing down with his face to the ground
– Genesis 19:1
The remaining portion of the Genesis 19/Sodom story revolves around the lack of hospitality of the men of Sodom due to their arrogance. It is one of the central messages of the Old Testament, as well as New Testament, which is to say the biblical narrative of giving thanks to God, acknowledging Him and His messengers (angels, prophets, etc), having humility and welcoming others. Read the Bible, it is all there.
The story of Sodom has nothing to do with homosexual behavior. You can not have sex with angels, well, maybe you can but most people can not.
Additionally, the Book of Ezekiel provides the literal interpretation of the story of Sodom:
48 As I live—oracle of the Lord GOD—I swear that your sister Sodom with her daughters have not done the things you and your daughters have done!c
49 Now look at the guilt of your sister Sodom: she and her daughters were proud, sated with food, complacent in prosperity. They did not give any help to the poor and needy.
50 Instead, they became arrogant and committed abominations before me; then, as you have seen, I removed them.
51 Samaria did not commit half the sins you did. You have done more abominable things than they did. You even made your sisters look righteous, with all the abominations you have done.
52 You, then, must bear your disgrace, for you have made a case for your sisters! Because your sins are more abominable than theirs, they seem righteous compared to you. Blush for shame, and bear the disgrace of having made your sisters appear righteous.
– Ezekiel 16:48-52
Clearly Ezekiel is characterizing a far worse scenario than Sodom. Jerusalem, which is the focus of Ezekiel, is being chastised for her infidelity, in adopting idols, sacrificing her children, adorning herself like a prostitute, arrogance, self-deification, being ungrateful to God in spite of His much love and many graces bestowed towards Jerusalem, etc.
The worst sin of all is pride. Lucifer was cast out from Heaven, Adam and Eve were ejected from the Garden of Eden,
Cain slew Abel, Moses was kept out of the Promised Land, etc, all because of their pride / disbelief. Disbelief = pride. The stories are just that: literary devices to illustrate a principle, not to be taken literally.
Next time when you comment on religious principles, become acquainted with them by going to the sources of that religion. If conservatives spent a fraction of the time they use to attack others, and became familiar with the religious principles they reference as weapons against others, they would never say a word. Not one word.
If you should ask me what are the ways of God, I would tell you that the first is humility, the second is humility, and the third is humility. Not that there are no other precepts to give, but if humility does not preceed all that we do, our efforts are fruitless.
– Saint Augustine
And, this why I refrain from making comments of religious nature. I get people like you who completely missed the point of the comment and go full religion retard. You seem to need to leave your mark on a comment to prove your (whatever religion) purity and sainthood. You are the reason many people shun a religious conversation, you shout your dogma elevating yourself above angels. All, I mean all, truly religious people I know, and the biblical accounts of righteous people have one thing in common. That is their humility.
You sir have none.
Follow the science, not the cargo [cult]. At least wait until boys and girls transition, and can offer informed consent, following the common confusion attendant with puberty and some time thereafter. #HateLovesAbortion
The 2020 Bostock decision written by Gorsuch is important to keep in mind when discussing issues here related to gender identity and sexual orientation so it’s good to see JT quoting from it (have not seen JT refer to it previously here). Also, it will be interesting to see how standing and jurisdiction issues play out in the courts — sometimes it seems like a real barrier and other times it seems easy to meet (like in this decision).
Like it or not, the protections afforded by the First Amendment (just as with the Second Amendment and those that follow) are enumerated rights. They are not derived rights. The free exercise of religion can be thought of as nearly absolute. This is one of the reasons why SCOTUS ruled in favor of churches not being bound by public health mandates such as closures earlier in the COVID pandemic.
Many church denominations have established hospitals as places for healing, hope, and service. As a matter of fact, it can be argued historically that religious orders/denominations founded the whole concept of hospitals (Matt. 9; 10:8; 25: 34-26). Roman Catholics, Baptists, Jews, Lutherans, Methodists, Mormons, and Seventh Day Adventists are just some of those with healing traditions in inpatient care, As religious institutions, they cannot be compelled to do the Government bidding but in the most exigent of circumstances. If the hospital’s founding principles (or beliefs of the health care provider) prohibit certain procedures on moral or religious grounds, most of these religious hospitals will accommodate the patient’s request and transfer the patient to their hospital of choice
Please cite the Constitution for “public health mandates.”
If someone is doing bodily injury by spreading disease, presumably, there will be probable cause, sufficient to detain and prosecute.
Barring that, healthcare is an individual pursuit, responsibility, right and freedom – Americans are free to obtain healthcare in the free markets of the private sector.
The free exercise of religion is absolute; bodily injury and property damage are constitutionally illegal.
What the Constitution severely limited and restricted was government, not the people.
Whoever dislikes the absolute freedom of religion needs to do a “workaround,” the Constitution is not their ally, but their opponent.
Karl Marx wrote the Communist Manifesto 59 years after the adoption of the Constitution because none of the principles of the Communist Manifesto were in the Constitution. Had the principles of the Communist Manifesto been in the Constitution, Karl Marx would have had no reason to write the Communist Manifesto. The principles of the Communist Manifesto were not in the Constitution then and the principles of the Communist Manifesto are not in the Constitution now.
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People must adapt to the outcomes of freedom.
Freedom does not adapt to people,
…dictatorship does.
“Please cite the Constitution for ‘public health mandates.’”
I thought the conservative position is: Unless the Constitution *permits* an action, a state or local government can control or criminalize that action. That is the (wrong-headed) justification for states controlling abortion.
And the chickens come home to roost.
THE PEOPLE ARE THE NEW SOVEREIGN; GOVERNMENT IS THE SUBJECT OF THAT SOVEREIGN
FREEDOM OF MOVEMENT
Below, you’ll find that Americans enjoy the freedom of movement, assembly, religion, their person, and the freedom to obtain or refuse acts of healthcare, treatment, etc.
“Lockdowns” constitute unconstitutional denials of the freedom of movement, etc.; if there is probable cause of a person infecting another causing bodily injury he may be detained.
Americans enjoy the freedom of their person and the right to be secure in their persons; Americans cannot be forced to wear a mask or a hazmat suit.
Masks are not effective; a mask employed to stop viruses is similar to stopping a mosquito with a chain link fence.
Constitutional rights are superior to rights legislated at inferior levels and cannot be voided by inferior levels.
“Public health mandates” at inferior governmental levels shall not nullify or deny the constitutional rights, freedoms, privileges and immunities of citizens.
RIGHT TO ABORTION
A right to abortion is not enumerated in the Constitution; if a right were established, if abortion were legalized, it would be done by State legislatures.
After 24-hours of fertilization, an embryo, or nascent human being, exists, which, if not precluded or aborted, would develop for an average of 78 years.
Abortion is murder of a different, separate, very young human being who is in the charge of another human being; it is illegal to murder a 1-month-old baby who is in the charge of his mother, it is illegal to murder an elderly person in the charge of a nursing home and it is illegal for the police to murder a person in their charge in jail. If a pregnant mother is murdered, the perpetrator is charged with two homicides because he killed two human beings.
States cannot legalize murder, aka abortion – States that legalize murder would attempting to nullify, subvert and contradict U.S. Code against murder.
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1st Amendment
Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.
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4th Amendment
The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.
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10th Amendment
The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.
Until 1964 a law was still on the books in California that compelled doctors to perform sterilization. There were of course doctors who volunteered to perform these operations. There reason for writing this law was based on accepted scientific approval. They said, “Everyone knows that there are inferior people in society and they must be dealt with because science says so.” Now they say “Everyone knows that a man is not a man and a women is not a women and it must be dealt with because science says so.” Why should it then not follow that the changing of the sex of a child should be permissible? The thought processes are the same today as they were in 1909 when the sterilization law was enacted in California. The state of California has paid reparations to over twenty one thousand people who were sterilized. Guilt money could not give them their lives back. It will be interesting to see if guilt money will be paid in the future to the children who are being mutilated today.
I’m not catholic but religious hospitals do have the right to not deliver services to which they have religious objections. 7th Day Adventist hospitals have their restrictions also as well as other hospitals. You have the freedom to not go there. Frankly I think the decision is too narrow and I would expand it to any physician who would not prescribe puberty delaying drugs or advocate gender “affirming surgery”. Appropriate treatment for gender dysphoria disorder is psychiatric, psychological and time and the vast majority will recover and move on. This is a political movement based on the thinnest of medical pretext, if there is any at all.
Sure, Catholic hospitals operate like other hospitals because if you lose too much money you go out of business whether you are tax exempt, not for profit or for profit. No hospital, then no care. Can these hospitals be a pain in the ass, also yes but they do have standards. I’ve practiced in them. Maybe they also wish to avoid the increasing trade in medical malpractice cases brought by transitioned teens who allege a “rush to judgment” and treatment without true informed consent. I suspect you will hear a great deal more of that in the years to come.
Last I read the Bill of Rights it says “congress shall make no law respecting the establishment of a religion nor prohibit the free exercise thereof”. It does not say there is a wall between the state and religion. That was Thomas Jefferson who wrote that. If you don’t like the amendment, change it. Religious schools and other entities can utilize funds and incentives from the state just like non-religious entities.
Even the Romans and many other ancient states respected different religions and did not tax their temples and synagogues. Some Emperors liked to use Christian’s to blame for the Emperor’s shortcomings (not an unusual act even up to today). And the Jews Of Judaea and Israel got into trouble for too many revolts, not because of their religion.
GEB,
Well said doctor!
If you had been a doctor in Nazi Germany you could be sure that if it was against your conscience to sterilize people your career would have ended. https://www.museumoftolerance.com/education/archives-and-reference-library/online-resources/simon-wiesenthal-center-annual-volume-4/annual-4-chapter-14.html. Doctors were forced to perform these operations. Just as it was then the Biden Administration today wants to force doctors to perform operations that that they find morally repugnant. Religious exemptions were not allowed in Germany and now they are not allowed in America. They have the nerve to call those of us on the right Nazis.
If a majority of people deem Leftists to be morally repugnant and in need of psychological intervention, can we force say Hillary, Bill, Pelosi, Schumer, Warnock, et al to be teachers at our new Re-Education School? Hmmm, an interesting idea methinks.
We’ve reached a point where being expected to respectively accept another persons gender dysphoria has evolved towards being required to approve it, celebrate it, and perform mutilation surgeries in support of it. But then liberals also seem to be proscribing rules that will eventually lead to increased protections against government overreach. New York’s recent gun regulations being another recent example.
Wait! Let me check.
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2nd Amendment
A well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed.
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Yep, sure enough, looks a whole dang lot like Americans have the right to keep and bear arms.
Looks like the direct and mortal enemies of the American thesis, the Constitution, the Bill of Rights, Americans and America will have to develop an efficacious “workaround.”
Personally, I don’t give a —— —-, that’s their problem.
Alternatively, they can get up on Olde Paint, and get the —- where they ain’t.
No to put too fine a point on it.
Oh, and, in any case, most of the aforementioned constituents have been illegal aliens since 1863, given that the contemporary president failed to enforce the clear and obvious, intent and meaning of immigration law of that year, the Naturalization Act of 1802.
I do not care what choices you make in your own life. It is not important whether I think they are wise or not.
All that matters is that your choices do not directly harm others.
But you may not demand that I or others embrace your choices or force anyone else to facilitate your choices.
Be gay, be trans, inject heroin, commit suicide – it is your life you are free to make choices that may empower it or ruin it.
But you are not free to force me or anyone else to facilitate your choices.
Perpetually persecuted Christians and religious schools and denominational institutions want taxpayer money while also jettisoning the secular nature of, and the strings that should be obligatory with, such funding.
If such “hospitals” carve out their care to match the personal delusions of administrations and staff, then stop calling it a hospital and call it what it is, a big propaganda machine that offers some medical treatments to further pretend that science validates the nonsense long indoctrinated inside their brains.
Do these “hospitals” pay appropriate property taxes? Do they receive public funding or access to police or fire departments, paid for by taxpayers? If so then all laws, like it or not, should apply just the same.
It’s like prosecuting and jailing a low-level government employee for stealing classified documents. The law should apply to everyone.
Religious thievery, as usual.
D24: So Sister So and So won’t perform a double mastectomy on a fourteen-year-old. So, naturally if the hospital she works in catches fire, we should of course let it burn to the ground. Yeah, makes sense to me.
Wow, I just married my cat. Now I Can turn myself into a woman. Thank god my cats a lesbian. Great country we live in. Oh and try not to judge me.
And yet, goofy liberals still think the Democrats are “for the people.” This administration will go down in history as one of the most predatory and dysfunctional on record.
Lets put this in context. Catholic hospitals dominate in many areas, to the extent that there might not be any other choice for the residents. These hospitals are also run no different then a for-profit hospital. They even use the same brutal debt collectors. This is not about forcing doctors to perform treatments that they don’t want to, this is about Catholic administrators and clergy dictating their religious beliefs on everyone else, to the detriment of the health of the patients. They pull the same crap when they deny or delay non-elective abortions for women with serious medical conditions such as miscarriages. Having your ability to have medical care dependent on the religious views of clergy should be abhorrent to everyone.
“they deny or delay non-elective abortions for women with serious medical conditions such as miscarriages.”
Not true.
https://www.nytimes.com/2022/02/25/opinion/sunday/roe-dobbs-miscarriage-abortion.html
https://www.motherjones.com/politics/2013/10/catholic-hospitals-bishops-contraception-abortion-health-care/
Mother Jones? 😂🤣😂🤣😂🤣😂🤣😂😂🤣
Try again.
You beat me to it.
Typical leftist, horribly misinformed, because you only read leftist, activist, fiction. NYT’s, one of the worst offenders.
” miscarriage-related procedures” are not miscarriages.
Read what you link to and understand what they are saying before having others interpret your links for you.
Mother Jones also said nothing to back up your contentions.
Two links and both failures. Doesn’t this sound like another anonymous?
The scientific evidence that social transition, puberty blockers, sex hormones and surgery – “gender-affirmative care” — do more good than harm is of very low quality. The UK, several European countries and some states such as Florida have recognised this and limited these practices. Yet the Biden administration has ruled that a decision against these unproven measures amounts to illegal discrimination. It is very odd, when you step back from it, that we must rely on religion to defend science.
The scientific evidence is not just low quality. It is horrible and unacceptable science.
I agree. I was quoting the conclusions of NICE in the U.K.
Thank you.
It’s not as though conservatives haven’t been warning about all the perversions of the left for decades now. They’re not “conspiracy theorist” but Prophets!
National Socialist Democrats are not just WOKE they are sick and despicable!
Dems are willing to lie, cheat and steal (luggage) and the Republicans are so weak and offer so little resistance that it’s appalling. Makes one want to give up so the leftists march on.
Never, ever give up! Pray abd trust almighty God!