{"id":2351956,"date":"2024-10-08T07:30:01","date_gmt":"2024-10-08T11:30:01","guid":{"rendered":"https:\/\/www.conservativenewsdaily.net\/breaking-news\/gop-gov-removes-doctor-for-opposing-transing-children\/"},"modified":"2024-10-08T07:31:03","modified_gmt":"2024-10-08T11:31:03","slug":"gop-gov-removes-doctor-for-opposing-transing-children","status":"publish","type":"post","link":"https:\/\/www.conservativenewsdaily.net\/breaking-news\/gop-gov-removes-doctor-for-opposing-transing-children\/","title":{"rendered":"GOP Gov. Removes Doctor For Opposing Transing Children"},"content":{"rendered":"<aside class=\"mashsb-container mashsb-main mashsb-stretched\"><div class=\"mashsb-box\"><div class=\"mashsb-count mash-medium\" style=\"float:left\"><div class=\"counts mashsbcount\">16<\/div><span class=\"mashsb-sharetext\">SHARES<\/span><\/div><div class=\"mashsb-buttons\"><a class=\"mashicon-facebook mash-medium mash-nomargin mashsb-noshadow\" href=\"https:\/\/www.facebook.com\/sharer.php?u=https%3A%2F%2Fwww.conservativenewsdaily.net%2Fbreaking-news%2Fgop-gov-removes-doctor-for-opposing-transing-children%2F\" target=\"_top\" rel=\"nofollow\"><span class=\"icon\"><\/span><span class=\"text\">Facebook<\/span><\/a><a class=\"mashicon-twitter mash-medium mash-nomargin mashsb-noshadow\" href=\"https:\/\/twitter.com\/intent\/tweet?text=&amp;url=https:\/\/www.conservativenewsdaily.net\/breaking-news\/?p=2351956&amp;via=ConservNewsDly\" target=\"_top\" rel=\"nofollow\"><span class=\"icon\"><\/span><span class=\"text\">Twitter<\/span><\/a><a class=\"mashicon-subscribe mash-medium mash-nomargin mashsb-noshadow\" href=\"#\" target=\"_top\" rel=\"nofollow\"><span class=\"icon\"><\/span><span class=\"text\">Subscribe<\/span><\/a><div class=\"onoffswitch2 mash-medium mashsb-noshadow\" style=\"display:none\"><\/div><\/div>\n            <\/div>\n                <div style=\"clear:both\"><\/div><\/aside>\n            <!-- Share buttons by mashshare.net - Version: 4.0.47--><p>Dr. Eric Cubin, a radiologist in Wyoming, has petitioned the federal court to \u2062reinstate him on the Wyoming Board of Medicine after being \u2062removed by \u2063Governor Mark Gordon. Cubin was appointed to the board in 2023 and reappointed in \u200bMarch, but shortly after, he \u2064was notified \u200bof his removal due to his public support \u200cfor \u2063SF0099, also known as Chloe\u2019s\u200b Law. This legislation, which prohibits \u2062medical \u2062transition procedures for minors, faced opposition \u200cfrom the Wyoming Medical Society,\u2064 a powerful lobbying \u200borganization. <\/p>\n<p>Cubin, a\u2062 member of the Society, voiced concerns about\u200b its representation of medical \u2064opinions regarding <a href=\"https:\/\/www.conservativenewsdaily.net\/breaking-news\/trans-biden-official-wants-to-empower-kids-to-get-sex-changes\/\" title=\"Trans Biden Official Wants To \u2018Empower\u2019 Kids To Get Sex Changes\">gender affirmation treatments<\/a> and urged for \u2064a more \u200dbalanced discussion within\u2063 the organization. \u2064His involvement in advocating for Chloe&#8217;s \u200cLaw\u200d and questioning the Society&#8217;s alignment \u200dwith\u2063 the American Academy of \u2062Pediatrics led to \u200bhis removal, which he claims was \u2063a \u2064violation \u200cof\u200d his First Amendment rights.<\/p>\n<p>His court filing\u200c seeks to keep him on the board while his lawsuit progresses, arguing that the governor&#8217;s \u2064actions were retaliatory due to his free speech. Governor \u200cGordon, in response, claims\u200c that Cubin resigned,\u200c although \u2063initial communications described his removal. The court\u200c will consider if the actions taken against\u200c Cubin constituted a punishment for exercising\u200b his rights \u200cto free\u2063 speech and petition.  <\/p>\n<p class=\"readmore\">\n    <button onclick=\"showReadMore()\" id=\"readmorebtn\">Read more&#8230;<\/button>\n<\/p>\n<hr id=\"line\">\n<span id=\"more\"><\/p>\n<div>\n<p>Wyoming radiologist Eric Cubin petitioned the federal court in Cheyenne last week to reinstate him to Wyoming&rsquo;s Board of Medicine.<\/p>\n<p>Cubin was appointed to the board, which oversees the licensing and regulations of the medical profession, by Republican Gov. Mark Gordon in 2023 and reappointed to another four-year term last March. Only weeks after his reappointment, the governor&rsquo;s chief of staff notified him by telephone that the governor had removed him from the board. After hanging up, he received a letter from the governor, via email, that confirmed his removal and stated its cause.<\/p>\n<p>Gordon wrote, &ldquo;I have been made aware of your email to the members of the House of Representatives during this last legislative session regarding SF0099 in which you strongly encouraged the members to pass this legislation and criticized the Wyoming Medical Society&rsquo;s opposition to this bill.&rdquo;<\/p>\n<p><a href=\"https:\/\/wyoleg.gov\/Legislation\/2024\/SF0099\" target=\"_blank\" rel=\"noreferrer noopener\">SF0099<\/a> was originally named Chloe&rsquo;s Law after <a href=\"https:\/\/cowboystatedaily.com\/2024\/03\/17\/guest-column-chloe-reminded-us-its-about-children-not-gender-change\/\" target=\"_blank\" rel=\"noreferrer noopener\">Chloe Cole<\/a>, a woman who was given hormone blockers and testosterone at the age of 13 and underwent a mastectomy at 15. The bill prohibits physicians and <a href=\"https:\/\/www.conservativenewsdaily.net\/breaking-news\/ten-gop-senators-counter-bidens-1-9-trillion-relief-plan-request-meeting\/\" title=\"Ten GOP Senators Counter Biden\u2019s .9 Trillion Relief Plan, Request Meeting\">health care providers<\/a> in Wyoming from performing surgeries and prescribing drugs to minor children &ldquo;for the purposes of transitioning a child&rsquo;s biological sex.&rdquo;<\/p>\n<p>While overwhelmingly supported by the public and passed by the legislature, Chloe&rsquo;s Law was vehemently opposed by the Wyoming Medical Society (<a href=\"https:\/\/www.wyomed.org\/\" target=\"_blank\" rel=\"noreferrer noopener\">WMS<\/a>), a lobbying group that carries a lot of clout in Cheyenne.<\/p>\n<h2>Questioning a Medical Society<\/h2>\n<p>Cubin, himself a member of the WMS, questioned whether the doctor&rsquo;s organization was fairly representing its members. Over the course of months, he communicated with WMS leadership, urging them to <a href=\"https:\/\/www.usnews.com\/news\/best-countries\/articles\/2023-07-12\/why-european-countries-are-rethinking-gender-affirming-care-for-minors\" target=\"_blank\" rel=\"noreferrer noopener\">rethink<\/a> so-called &ldquo;<a href=\"https:\/\/www.conservativenewsdaily.net\/breaking-news\/watch-normal-tim-walz-supports-10-year-olds-getting-transgender-care\/\" title=\"Watch: &#039;Normal&#039; Tim Walz Supports 10-Year-Olds Getting Transgender Care\">gender affirming care&#038;rdquo<\/a>; just as multiple nations from Sweden to France and the United Kingdom have done.<\/p>\n<p>Specifically, Cubin&rsquo;s email cites the American College of Pediatricians (<a href=\"https:\/\/acpeds.org\/\" target=\"_blank\" rel=\"noreferrer noopener\">ACPeds<\/a>). Their <a href=\"https:\/\/acpeds.org\/position-statements\/mental-health-in-adolescents-with-incongruence-of-gender-identity-and-biological-sex\" target=\"_blank\" rel=\"noreferrer noopener\">policy statement<\/a> refuses to &ldquo;condone the social affirmation, medical intervention, or surgical mutilation of children and adolescents identifying as transgender or gender nonconforming.&rdquo;<\/p>\n<p>For months, Cubin &ldquo;communicated to the entire WMS Board, [that] it is not acceptable to only present one side of an issue in an effort to effect change in social policy.&rdquo; He implored the WMS at least to acknowledge the disagreement between the ACPeds and the American Academy of Pediatrics (<a href=\"https:\/\/www.aap.org\/\" target=\"_blank\" rel=\"noreferrer noopener\">AAP<\/a>).<\/p>\n<p>Instead, the WMS &ldquo;has partnered with Dr. Michael Sanderson,&rdquo; president of Wyoming&rsquo;s <a href=\"https:\/\/www.wyaap.org\/\" target=\"_blank\" rel=\"noreferrer noopener\">chapter<\/a> of the AAP, Cubin complains.<\/p>\n<p>Since the WMS and AAP continued to walk in lockstep, Cubin concluded that the &ldquo;the Wyoming Medical Society has been essentially hijacked by the far left.&rdquo; He asked the WMS to conduct a statewide poll of their membership and to modify its political advocacy accordingly.<\/p>\n<p>Cubin&rsquo;s concerns about the AAP position bear particular relevance now that <a href=\"https:\/\/www.conservativenewsdaily.net\/breaking-news\/district-court-upholds-ohio-law-banning-down-syndrome-abortions\/\" title=\"District Court Upholds Ohio Law Banning Down Syndrome Abortions\">20 state attorneys general<\/a> have sent a <a href=\"https:\/\/www.ag.idaho.gov\/newsroom\/labrador-letter-a-challenge-to-the-american-academy-of-pediatrics\/\" target=\"_blank\" rel=\"noreferrer noopener\">formal letter<\/a> to the AAP investigating their policy statement. Notably, Gordon&rsquo;s appointed attorney general did not sign on.<\/p>\n<p>After being rebuffed for months on end, and with a vote on Chloe&rsquo;s Law looming in the House of Representatives, Cubin petitioned the House. That Feb. 28 email is the free speech and petition to government that triggered his removal.<\/p>\n<h2>Court Case<\/h2>\n<p>Tuesday&rsquo;s filing seeks a preliminary injunction to keep him on the board of medicine while the lawsuit works its way through the courts.<\/p>\n<p>&ldquo;But for his email to the House of Representatives expressing his personal views on Chloe&rsquo;s Law, Dr. Cubin would still be a member of the Wyoming Board of Medicine,&rdquo; reads his <a href=\"https:\/\/libertyjusticecenter.org\/wp-content\/uploads\/Motion-for-Preliminary-Injunction-1.pdf\" target=\"_blank\" rel=\"noreferrer noopener\">motion<\/a>.<\/p>\n<p>On Aug. 29, Cubin filed a <a href=\"https:\/\/libertyjusticecenter.org\/wp-content\/uploads\/Cubin-Complaint.pdf\" target=\"_blank\" rel=\"noreferrer noopener\">lawsuit<\/a> in the U.S. District Court of Wyoming that accused Gordon of having &ldquo;unlawfully retaliated against Dr. Cubin in violation of his First Amendment free speech rights and right to petition.&rdquo;<\/p>\n<p>Cubin&rsquo;s attorney Buck Dougherty of the <a href=\"https:\/\/libertyjusticecenter.org\/about\/\" target=\"_blank\" rel=\"noreferrer noopener\">Liberty Justice Center<\/a>, a <a href=\"https:\/\/www.conservativenewsdaily.net\/breaking-news\/michigan-charter-schools-sue-department-of-education-over-new-rule-that-threatens-them\/\" title=\"Michigan Charter Schools Sue Department of Education Over New Rule That Threatens Them\">nonprofit public interest law firm<\/a>, said that a preliminary injunction is an &ldquo;extraordinary remedy.&rdquo; It requires the plaintiff to show that 1) he would likely succeed on the merits of the claim and 2) that absent the injunction, the plaintiff would be irreparably harmed.<\/p>\n<h2>Details of Resignation<\/h2>\n<p>Gordon&rsquo;s Sept. 19 <a href=\"https:\/\/libertyjusticecenter.org\/wp-content\/uploads\/Gordon-Answer.pdf\" target=\"_blank\" rel=\"noreferrer noopener\">answer<\/a> to Cubin&rsquo;s complaint denies that he &ldquo;removed the plaintiff from the board of Medicine, in retaliation or otherwise.&rdquo; Rather, he alleges that Cubin resigned.<\/p>\n<p>Although Gordon&rsquo;s distinction is irrelevant to the free speech claims of the lawsuit, it does raise the question: When and why did the word &ldquo;resign&rdquo; first enter into the record? Gordon&rsquo;s April 22 letter only uses the word &ldquo;remove,&rdquo; concluding, &ldquo;Therefore, in this instance, sadly, I believe it is best to remove you from the Board of Medicine.&rdquo; Nowhere does the letter ask Dr. Cubin to resign.<\/p>\n<p><a href=\"https:\/\/law.justia.com\/codes\/wyoming\/title-9\/chapter-1\/article-2\/section-9-1-202\/\" target=\"_blank\" rel=\"noreferrer noopener\">Wyoming statute 9-1-202(b)<\/a> gives the governor authority to remove any appointed member of a state board &ldquo;for malfeasance or misconduct in office.&rdquo; However, &ldquo;Reason for removal &hellip; shall be mailed or delivered to the person to be removed.&rdquo; That seems to describe Gordon&rsquo;s actions on April 22.<\/p>\n<p>According to Cubin&rsquo;s <a href=\"https:\/\/libertyjusticecenter.org\/wp-content\/uploads\/Motion-for-Preliminary-Injunction-1.pdf\" target=\"_blank\" rel=\"noreferrer noopener\">declaration<\/a>, filed with the motion for preliminary injunction, &ldquo;Several hours after receiving the letter notifying me of my removal, I reached back out to Mr. Perkins [the governor&rsquo;s chief of staff] and asked if the Governor would allow me to resign from the Board. I would never have resigned if I did not have a binding letter in hand stating that I had been removed. The following day, Mr. Perkins notified me that he and the Governor would accept my resignation.&rdquo;<\/p>\n<p>Both parties agree that Cubin sent a one-sentence email to Gordon&rsquo;s office on April 26, stating, &ldquo;I hereby resign from the Wyoming State Board of Medicine effective immediately.&rdquo;<\/p>\n<h2>Punishing Free Speech<\/h2>\n<p>The question before the court is whether the phone call from the governor&rsquo;s chief of staff on April 22 and the subsequent removal letter were adverse actions that punished Dr. Cubin&rsquo;s free speech and his petition to the government.<\/p>\n<p>The letter stated, &ldquo;I believe your comments on this particular legislation could give doctors who are licensed by the Board of Medicine, a reason to be concerned that you might use your position to advocate for a particular position when considering matters that should be considered absent an agenda or prejudice.&rdquo; Gordon&rsquo;s stated concern for the absence of prejudice are interesting for two reasons.<\/p>\n<p>First, the <a href=\"https:\/\/law.justia.com\/codes\/wyoming\/title-33\/chapter-26\/article-2\/section-33-26-201\/\" target=\"_blank\" rel=\"noreferrer noopener\">Wyoming statute<\/a> concerning the board of medicine provides that its president can exclude any member from a given disciplinary vote &ldquo;due to conflicts of interest or other circumstances.&rdquo; One wonders why the drastic step of removal was chosen, when a more reasonable remedy was available.<\/p>\n<p>Second, Cubin&rsquo;s complaint notes that, in the past, board members were not punished for speaking on legislative issues. It states, &ldquo;former Board member, Rene Hinkle, testified before the Wyoming legislature against giving life-saving care to infants born alive, and she was reappointed by the Governor to the Board after her testimony.&rdquo; (For the record, Cubin cites this author&rsquo;s <a href=\"https:\/\/cowboystatedaily.com\/2024\/05\/31\/jonathan-lange-the-board-of-medicine-exists-to-protect-patients-not-practitioners\/\" target=\"_blank\" rel=\"noreferrer noopener\">May 31 article<\/a> to substantiate this point.)<\/p>\n<p>Due to the Wyoming court&rsquo;s compressed timeline, the governor has two weeks to respond to the motion for preliminary injunction. Therefore, we may have some answers in the next month or so.<\/p>\n<p>If doctors who speak up are disqualified from holding bad medicine to account, who will be left to protect our children?<\/p>\n<hr>\n<p>      Jonathan G. Lange is a pastor of the Lutheran Church &ndash; Missouri Synod. He has raised his family in Wyoming for two decades, serving parishes in Evanston and Kemmerer. He is a leader of the Wyoming Pastors Network. Follow his blog at <a href=\"http:\/\/onlyhuman-jl.blogspot.com\/\">OnlyHuman-JL.blogspot.com<\/a>.<\/p>\n<\/p><\/div>\n<p><\/span><\/p>\n","protected":false},"excerpt":{"rendered":"<p>Wyoming radiologist Eric Cubin sought reinstatement to the Board of Medicine after being removed by Gov. Mark Gordon<\/p>\n","protected":false},"author":1570,"featured_media":2351957,"comment_status":"open","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"_mo_disable_npp":"","fifu_image_url":"https:\/\/thefederalist.com\/wp-content\/uploads\/2024\/10\/2048px-Mark_Gordon_at_Gillette_Wyoming_town_hall_2-e1728092829565.jpg","fifu_image_alt":"","footnotes":""},"categories":[],"tags":[6203,4173,42544],"class_list":["post-2351956","post","type-post","status-publish","format-standard","has-post-thumbnail","hentry","tag-gop","tag-governor","tag-transgender-issues"],"fifu_image_url":"https:\/\/thefederalist.com\/wp-content\/uploads\/2024\/10\/2048px-Mark_Gordon_at_Gillette_Wyoming_town_hall_2-e1728092829565.jpg","_links":{"self":[{"href":"https:\/\/www.conservativenewsdaily.net\/breaking-news\/wp-json\/wp\/v2\/posts\/2351956","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/www.conservativenewsdaily.net\/breaking-news\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/www.conservativenewsdaily.net\/breaking-news\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/www.conservativenewsdaily.net\/breaking-news\/wp-json\/wp\/v2\/users\/1570"}],"replies":[{"embeddable":true,"href":"https:\/\/www.conservativenewsdaily.net\/breaking-news\/wp-json\/wp\/v2\/comments?post=2351956"}],"version-history":[{"count":0,"href":"https:\/\/www.conservativenewsdaily.net\/breaking-news\/wp-json\/wp\/v2\/posts\/2351956\/revisions"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/www.conservativenewsdaily.net\/breaking-news\/wp-json\/wp\/v2\/media\/2351957"}],"wp:attachment":[{"href":"https:\/\/www.conservativenewsdaily.net\/breaking-news\/wp-json\/wp\/v2\/media?parent=2351956"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/www.conservativenewsdaily.net\/breaking-news\/wp-json\/wp\/v2\/categories?post=2351956"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/www.conservativenewsdaily.net\/breaking-news\/wp-json\/wp\/v2\/tags?post=2351956"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}