A federal judge in North Dakota has ruled that the Biden administration cannot force members of the Christian Employers Alliance (CEA) to perform medically mutilating procedures or provide health insurance coverage for such procedures in violation of their religious beliefs. While the ruling only protects CEA and its members, it provides a precedent for preserving religious freedom in future cases.
The CEA is a nonprofit network of Christian-owned organizations that works to protect religious freedom on behalf of Christian businesses and nonprofits.
This week, U.S. District Judge Daniel Traynor sided with the CEA and ordered the Equal Employment Opportunity Commission (EEOC) and the Department of Health and Human Services (HHS) to permanently stop imposing two mandates that would have forced members of the CEA to pay for or facilitate medically mutilating procedures. Judge Traynor ruled that the unlawful mandates violate the Religious Freedom Restoration Act (RFRA) and “impinges” upon the religious beliefs of CEA’s members.
In Christian Employers Alliance v. U.S. Equal Employment Opportunity Commission, CEA argues the EEOC and HHS are improperly enforcing sex discrimination laws in Title VII and in the Affordable Care Act (ACA) respectively. The Biden administration argues that since these laws prohibit discrimination based on gender identity, they authorize the federal government to mandate employers who receive federal funding to physically perform or fund procedures, treatments, or counseling that attempt to change a person’s gender.
However, Judge Traynor determined the mandates were in direct conflict with the First Amendment.
Judge Traynor wrote, “As noted in its Order Granting [an earlier] Injunction, this Court determined that if CEA had to comply with these mandates, its members would have to violate their sincerely held religious beliefs which is an impermissible exercise under the First Amendment and RFRA.”
The judge stated that “CEA’s sincerely held religious belief is that male and female are immutable realities defined by biological sex and that gender reassignment is contrary to Christian Values.” He also noted the government’s position is that there is a compelling interest to protect access to these procedures and services for “transgender” patients.
Judge Traynor stated, “Even if the Court were to accept the [government’s] purpose for the mandates as a compelling interest, the [government] failed to provide any evidence showing this policy was the only feasible means to achieve its compelling interest.”
In addition, the judge identified that the threat of “harsh consequences” such as fines and civil liability for not abiding by the mandates “substantially burdened” CEA’s religious beliefs beyond a “compelling government interest” to burden those beliefs.
“Because CEA and its members are losing freedoms guaranteed by RFRA, they have per se irreparable harm,” concluded Judge Traynor.
The judge’s order permanently restrains the EEOC and HHS from interpreting or enforcing the sex discrimination provisions of Title VII and the ACA in a manner that would force the CEA to perform or provide insurance coverage for medically mutilating procedures.
Liberty Counsel Founder and Chairman Mat Staver said, “All employers are protected by the Constitution to conduct their business according to their sincerely held religious beliefs. The government cannot simply ignore or overrule the rights of believers as protected by the First Amendment and the Religious Freedom Restoration Act. This ruling confirms the broad protections available to people of faith to align their business conduct to their beliefs.”
