(Big League Politics) – Two of the Supreme Court Justices appointed by President Donald Trump denied an appeal measure filed by a Catholic hospital seeking to avoid use of their facilities for a transgender surgery on Monday.
Mercy San Juan Medical Center had sought the dismissal of a 2016 lawsuit on the part of a transgender man (female-to-male) named Evan Minton. Minton had sought to use Mercy San Juan’s facilities for a transgender medical procedure with his own doctor.
Clarence Thomas, Neil Gorsuch, and Samuel Alito voted in favor of hearing the hospital’s appeal.
The surgery in question is a hysterectomy, a procedure that removes a biological woman’s womb. The procedure in question appears to have already occurred years ago, but Mercy San Juan had sought to protect its legal right to deny performing medical procedures that the Catholic religion rejects. A California appeals court had thrown out the hospital’s argument that forced transgender surgeries would’ve violated the right of freedom of religion on the part of the hospital’s administrators.
The denial of the appeal in a 6-3 surprised some legal observers, who considered Kavanaugh and Barrett to be mindful and deferential to religious liberty and rights of free association on the part of medical providers. Kavanaugh has increasingly sought to repair his reputation with Washington DC political insiders, who still consider the judge a rapist on account of testimony from Christine Ford uncorroborated by evidence.
The court ruling could potentially open up new possibilities for lawsuits that compel religious medical organizations to cooperate in abortions and other procedures considered highly unethical in the major religions of the world. It’s more immediately probably that Christian hospitals will be attacked with demands to perform gender transition procedures such as hormone therapy on dubious grounds of medical necessity.