Department of Justice

Department of Justice says government can’t restrict funding based on religious status #Catholic The U.S. Department of Justice this week said that the government’s practice of restricting federal funding from religious activities is “presumptively unconstitutional,” paving the way for greater public funding of religious groups.Such restrictions on federal funding are made “without any compelling government interest,” the Justice Department said in an Aug. 25 memorandum opinion issued to the Office for Civil Rights in the Department of Health and Human Services. In its 2004 decision Locke v. Davey, the U.S. Supreme Court held that public authorities are free to withhold funding from programs and activities that are explicitly religious in nature. In its memorandum, however, the Justice Department’s Office of Legal Counsel said restricting federal funding based on either the religious status of an organization or the use of funds for religious purposes is “not required” under the U.S. Constitution. Such restrictions “discriminate based on anticipated religious use without any compelling governmental interest,” the memorandum said, and as a result they “violate the Free Exercise Clause.” “Use-based religious restrictions on generally available federal funding programs are presumptively unconstitutional,” the document said.The memorandum specifically addressed programs administered by the U.S. Department of Health and Human Services, which controls billions of dollars in federal funding. It was not immediately clear if the directive applied to other federal departments. A spokesman for the Justice Department did not immediately respond to a request for comment. The religious freedom legal group First Liberty, meanwhile, hailed the memorandum as “a major victory for religious liberty.” Faith-based organizations and schools “can now apply for and utilize federal grants without scrubbing the religious aspects of their programs,” the group said. First Liberty argued that opinions from the Office of Legal Counsel “serve as binding legal guidance for the executive branch,” meaning the memo “effectively instructs all federal agencies to rewrite their grant-making rules to align with this new standard.”The group noted that one of its network attorneys is Joshua Davey, part of the namesake of the 2004 Supreme Court case that established the precedent of restricting federal funds for religious activities and groups. That decision “has never been formally overturned,” First Liberty said, but “that could change in the very near future.”
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Department of Justice says government can’t restrict funding based on religious status #Catholic The U.S. Department of Justice this week said that the government’s practice of restricting federal funding from religious activities is “presumptively unconstitutional,” paving the way for greater public funding of religious groups.Such restrictions on federal funding are made “without any compelling government interest,” the Justice Department said in an Aug. 25 memorandum opinion issued to the Office for Civil Rights in the Department of Health and Human Services. In its 2004 decision Locke v. Davey, the U.S. Supreme Court held that public authorities are free to withhold funding from programs and activities that are explicitly religious in nature. In its memorandum, however, the Justice Department’s Office of Legal Counsel said restricting federal funding based on either the religious status of an organization or the use of funds for religious purposes is “not required” under the U.S. Constitution. Such restrictions “discriminate based on anticipated religious use without any compelling governmental interest,” the memorandum said, and as a result they “violate the Free Exercise Clause.” “Use-based religious restrictions on generally available federal funding programs are presumptively unconstitutional,” the document said.The memorandum specifically addressed programs administered by the U.S. Department of Health and Human Services, which controls billions of dollars in federal funding. It was not immediately clear if the directive applied to other federal departments. A spokesman for the Justice Department did not immediately respond to a request for comment. The religious freedom legal group First Liberty, meanwhile, hailed the memorandum as “a major victory for religious liberty.” Faith-based organizations and schools “can now apply for and utilize federal grants without scrubbing the religious aspects of their programs,” the group said. First Liberty argued that opinions from the Office of Legal Counsel “serve as binding legal guidance for the executive branch,” meaning the memo “effectively instructs all federal agencies to rewrite their grant-making rules to align with this new standard.”The group noted that one of its network attorneys is Joshua Davey, part of the namesake of the 2004 Supreme Court case that established the precedent of restricting federal funds for religious activities and groups. That decision “has never been formally overturned,” First Liberty said, but “that could change in the very near future.”

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Such restrictions on federal funding are made “without any compelling government interest,” the Justice Department said in a memorandum opinion.

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Texas Children’s Hospital fined for performing illegal ‘sex-rejecting’ procedures on minors #Catholic The historic settlement agreement between Texas Children’s Hospital, the U.S. Department of Justice (DOJ), and the state of Texas has been fully executed, Texas Attorney General Ken Paxton said this week.Under the terms of the settlement agreement, first announced by Paxton’s office in May, Texas Children’s, the largest children’s hospital in the United States, said it would no longer provide “gender-transition” interventions, including puberty blockers and cross-sex hormones, to minors, per Texas law.“This historic settlement is a resounding defeat for the radical gender ideology that has preyed on Texas children under the guise of ‘care,’” Paxton said in a press release Aug. 5.Per the executed agreement, Texas Children’s “will pay a total of million to resolve these claims,” with ,576,000 going to the state of Texas. It will also fund, for five years, a detransition clinic offering free restorative medical care to patients who previously underwent such procedures. The clinic must open by the end of October.“Texas Children’s has agreed to pay millions back to Texas,” Paxton said. “The detransition clinic, which is the first of its kind, must open within months. Activist doctors who harmed children have been fired.”The agreement also required the permanent termination and revocation of privileges for five physicians who performed these interventions.The hospital is permanently barred from rehiring or credentialing the doctors and must implement new compliance measures, including bylaw changes that will automatically revoke privileges for any physician who violates Texas law prohibiting such procedures on children.“This settlement sends an unmistakable message,” Paxton said. “If you put radical ideology over childrenʼs health, my office will go after you. We will continue to lead the way in stopping the far-left’s radical gender agenda.”The settlement agreement resolves a yearslong investigation of the hospital by the DOJ and the state of Texas that began after whistleblower allegations surfaced claiming the hospital had continued performing sex-change procedures on minors in secret even after state lawmakers made such procedures illegal.The Justice Department said in May that the Houston-based hospital had agreed to pay millions in civil penalties and damages for allegedly falsely billing Medicaid and other insurers for “pediatric sex-rejecting procedures.”The federal government had alleged that the hospital violated the Federal Food, Drug, and Cosmetic Act, the False Claims Act, and federal fraud and conspiracy laws.Following the publication of a directive by Texas Gov. Greg Abbott that transgender procedures on minors that could be considered “child abuse” under existing state law, Texas Children’s announced in 2022 that it would cease “sex-change” therapies and procedures, citing concerns that these practices were potentially illegal.In 2023 Texas passed a law that explicitly banned puberty blockers, cross-sex hormones, and gender-transition surgeries for minors under 18.Nevertheless, at least three doctors associated with Texas Children’s — Richard Roberts, David Paul, and Kristy Rialon — continued to perform “sex-rejecting” procedures on children throughout 2022 and 2023, according to whistleblower evidence published by Christopher Rufo, a fellow at the Manhattan Institute.Rufo claimed that Rialon had been performing surgeries on minors ranging in age from 15 to as young as 1.Calling the settlement “historic,” Paxton said in May that it “will ensure that the deranged child mutilators who hurt our kids are fired and held accountable.”According to Acting Attorney General Todd Blanche, the DOJ “will use every weapon at its disposal to end the destructive and discredited practice of so-called ‘gender-affirming care’ for children.”The Department of Justice noted that Texas Children’s cooperated with the investigation and took proactive steps that contributed to the resolution. The claims resolved in the settlement remain allegations, with no determination of liability.“I am grateful that Texas Children’s wants to be part of the solution and no longer the problem,” said Brett Shumate, assistant attorney general for the Civil Division.
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Texas Children’s Hospital fined for performing illegal ‘sex-rejecting’ procedures on minors #Catholic The historic settlement agreement between Texas Children’s Hospital, the U.S. Department of Justice (DOJ), and the state of Texas has been fully executed, Texas Attorney General Ken Paxton said this week.Under the terms of the settlement agreement, first announced by Paxton’s office in May, Texas Children’s, the largest children’s hospital in the United States, said it would no longer provide “gender-transition” interventions, including puberty blockers and cross-sex hormones, to minors, per Texas law.“This historic settlement is a resounding defeat for the radical gender ideology that has preyed on Texas children under the guise of ‘care,’” Paxton said in a press release Aug. 5.Per the executed agreement, Texas Children’s “will pay a total of $10 million to resolve these claims,” with $8,576,000 going to the state of Texas. It will also fund, for five years, a detransition clinic offering free restorative medical care to patients who previously underwent such procedures. The clinic must open by the end of October.“Texas Children’s has agreed to pay millions back to Texas,” Paxton said. “The detransition clinic, which is the first of its kind, must open within months. Activist doctors who harmed children have been fired.”The agreement also required the permanent termination and revocation of privileges for five physicians who performed these interventions.The hospital is permanently barred from rehiring or credentialing the doctors and must implement new compliance measures, including bylaw changes that will automatically revoke privileges for any physician who violates Texas law prohibiting such procedures on children.“This settlement sends an unmistakable message,” Paxton said. “If you put radical ideology over childrenʼs health, my office will go after you. We will continue to lead the way in stopping the far-left’s radical gender agenda.”The settlement agreement resolves a yearslong investigation of the hospital by the DOJ and the state of Texas that began after whistleblower allegations surfaced claiming the hospital had continued performing sex-change procedures on minors in secret even after state lawmakers made such procedures illegal.The Justice Department said in May that the Houston-based hospital had agreed to pay millions in civil penalties and damages for allegedly falsely billing Medicaid and other insurers for “pediatric sex-rejecting procedures.”The federal government had alleged that the hospital violated the Federal Food, Drug, and Cosmetic Act, the False Claims Act, and federal fraud and conspiracy laws.Following the publication of a directive by Texas Gov. Greg Abbott that transgender procedures on minors that could be considered “child abuse” under existing state law, Texas Children’s announced in 2022 that it would cease “sex-change” therapies and procedures, citing concerns that these practices were potentially illegal.In 2023 Texas passed a law that explicitly banned puberty blockers, cross-sex hormones, and gender-transition surgeries for minors under 18.Nevertheless, at least three doctors associated with Texas Children’s — Richard Roberts, David Paul, and Kristy Rialon — continued to perform “sex-rejecting” procedures on children throughout 2022 and 2023, according to whistleblower evidence published by Christopher Rufo, a fellow at the Manhattan Institute.Rufo claimed that Rialon had been performing surgeries on minors ranging in age from 15 to as young as 1.Calling the settlement “historic,” Paxton said in May that it “will ensure that the deranged child mutilators who hurt our kids are fired and held accountable.”According to Acting Attorney General Todd Blanche, the DOJ “will use every weapon at its disposal to end the destructive and discredited practice of so-called ‘gender-affirming care’ for children.”The Department of Justice noted that Texas Children’s cooperated with the investigation and took proactive steps that contributed to the resolution. The claims resolved in the settlement remain allegations, with no determination of liability.“I am grateful that Texas Children’s wants to be part of the solution and no longer the problem,” said Brett Shumate, assistant attorney general for the Civil Division.

unitedyam

Texas Children’s will pay $10 million to resolve the claims, with $8,576,000 going to the state of Texas, as well as fund, for five years, a first-of-its kind detransition clinic.

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