{"id":8757,"date":"2024-10-08T08:28:25","date_gmt":"2024-10-08T15:28:25","guid":{"rendered":"https:\/\/jasonsblog.ddns.net\/?p=8757"},"modified":"2024-10-08T08:28:25","modified_gmt":"2024-10-08T15:28:25","slug":"wyoming-gop-gov-removes-doctor-from-state-board-for-opposing-transing-children","status":"publish","type":"post","link":"https:\/\/jasonsblog.ddns.net\/index.php\/2024\/10\/08\/wyoming-gop-gov-removes-doctor-from-state-board-for-opposing-transing-children\/","title":{"rendered":"Wyoming GOP Gov. Removes Doctor From State Board For Opposing Transing Children"},"content":{"rendered":"\n

Wyoming is an interesting state with the biggest thing going for it being that we have a total population of only 576,851 (2020), with the biggest city being Cheyenne with 65,132 (2020). This affords us the opportunity to actually have elections won based on values over propaganda, with state legislators actually walking around and meeting their neighbors (I’ve met several though my districts have RINOs – one of which was lying to my wife who talked with him at the door and subsequently won by 17 votes swinging just enough votes). So we still have a lying RINO<\/a> problem though at least in the state legislature the Freedom Caucus had some gains this last election. Unfortunately, the major state races are impacted by OCGFC money and megacorp media too much, and we get the worst of RINOs like Liz Cheney that has since outed herself as a warmongering Demonrat actually campaigning for Commiela. All that to say, if you go too far you might just get bit by the voters of Wyoming like Liz Cheney. And it’s too bad, as we’re so close to being able to elect actual conservatives throughout all of our government. Of course, we’re seeing an influx of people to Cheyenne now for the cheaper cost of living, many from Colorado, so we might get pushed the other way depending on the values of those coming, and I fear many are the ignorant working poor who are susceptible to megacorp propaganda. <\/p>\n\n\n\n

https:\/\/thefederalist.com\/2024\/10\/08\/wyoming-gop-gov-removes-doctor-from-state-board-for-opposing-transing-children\/<\/a><\/p>\n\n\n

<\/div><\/div><\/div>\n\n\n

By Jonathan Lange<\/a><\/p>\n\n\n\n

\"\"<\/figure>\n\n\n\n

Wyoming radiologist Eric Cubin petitioned the federal court in Cheyenne last week to reinstate him to Wyoming\u2019s Board of Medicine.<\/p>\n\n\n\n

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\u2019s 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\n\n\n

Gordon wrote, \u201cI 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\u2019s opposition to this bill.\u201d<\/p>\n\n\n\n

SF0099<\/a> was originally named Chloe\u2019s Law after 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 health care providers in Wyoming from performing surgeries and prescribing drugs to minor children \u201cfor the purposes of transitioning a child\u2019s biological sex.\u201d<\/p>\n\n\n\n

While overwhelmingly supported by the public and passed by the legislature, Chloe\u2019s Law was vehemently opposed by the Wyoming Medical Society (WMS<\/a>), a lobbying group that carries a lot of clout in Cheyenne.<\/p>\n\n\n\n

Questioning a Medical Society<\/h2>\n\n\n\n

Cubin, himself a member of the WMS, questioned whether the doctor\u2019s organization was fairly representing its members. Over the course of months, he communicated with WMS leadership, urging them to rethink<\/a> so-called \u201cgender affirming care\u201d just as multiple nations from Sweden to France and the United Kingdom have done.<\/p>\n\n\n\n

Specifically, Cubin\u2019s email cites the American College of Pediatricians (ACPeds<\/a>). Their policy statement<\/a> refuses to \u201ccondone the social affirmation, medical intervention, or surgical mutilation of children and adolescents identifying as transgender or gender nonconforming.\u201d<\/p>\n\n\n\n

For months, Cubin \u201ccommunicated 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.\u201d He implored the WMS at least to acknowledge the disagreement between the ACPeds and the American Academy of Pediatrics (AAP<\/a>).<\/p>\n\n\n\n

Instead, the WMS \u201chas partnered with Dr. Michael Sanderson,\u201d president of Wyoming\u2019s chapter<\/a> of the AAP, Cubin complains.<\/p>\n\n\n\n

Since the WMS and AAP continued to walk in lockstep, Cubin concluded that the \u201cthe Wyoming Medical Society has been essentially hijacked by the far left.\u201d He asked the WMS to conduct a statewide poll of their membership and to modify its political advocacy accordingly.<\/p>\n\n\n\n

Cubin\u2019s concerns about the AAP position bear particular relevance now that 20 state attorneys general have sent a formal letter<\/a> to the AAP investigating their policy statement. Notably, Gordon\u2019s appointed attorney general did not sign on.<\/p>\n\n\n\n

After being rebuffed for months on end, and with a vote on Chloe\u2019s 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\n\n\n

Court Case<\/h2>\n\n\n\n

Tuesday\u2019s filing seeks a preliminary injunction to keep him on the board of medicine while the lawsuit works its way through the courts.<\/p>\n\n\n\n

\u201cBut for his email to the House of Representatives expressing his personal views on Chloe\u2019s Law, Dr. Cubin would still be a member of the Wyoming Board of Medicine,\u201d reads his motion<\/a>.<\/p>\n\n\n\n

On Aug. 29, Cubin filed a lawsuit<\/a> in the U.S. District Court of Wyoming that accused Gordon of having \u201cunlawfully retaliated against Dr. Cubin in violation of his First Amendment free speech rights and right to petition.\u201d<\/p>\n\n\n\n

Cubin\u2019s attorney Buck Dougherty of the Liberty Justice Center<\/a>, a nonprofit public interest law firm, said that a preliminary injunction is an \u201cextraordinary remedy.\u201d 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\n\n\n

Details of Resignation<\/h2>\n\n\n\n

Gordon\u2019s Sept. 19 answer<\/a> to Cubin\u2019s complaint denies that he \u201cremoved the plaintiff from the board of Medicine, in retaliation or otherwise.\u201d Rather, he alleges that Cubin resigned.<\/p>\n\n\n\n

Although Gordon\u2019s distinction is irrelevant to the free speech claims of the lawsuit, it does raise the question: When and why did the word \u201cresign\u201d first enter into the record? Gordon\u2019s April 22 letter only uses the word \u201cremove,\u201d concluding, \u201cTherefore, in this instance, sadly, I believe it is best to remove you from the Board of Medicine.\u201d Nowhere does the letter ask Dr. Cubin to resign.<\/p>\n\n\n\n

Wyoming statute 9-1-202(b)<\/a> gives the governor authority to remove any appointed member of a state board \u201cfor malfeasance or misconduct in office.\u201d However, \u201cReason for removal \u2026 shall be mailed or delivered to the person to be removed.\u201d That seems to describe Gordon\u2019s actions on April 22.<\/p>\n\n\n\n

According to Cubin\u2019s declaration<\/a>, filed with the motion for preliminary injunction, \u201cSeveral hours after receiving the letter notifying me of my removal, I reached back out to Mr. Perkins [the governor\u2019s 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.\u201d<\/p>\n\n\n\n

Both parties agree that Cubin sent a one-sentence email to Gordon\u2019s office on April 26, stating, \u201cI hereby resign from the Wyoming State Board of Medicine effective immediately.\u201d<\/p>\n\n\n\n

Punishing Free Speech<\/h2>\n\n\n\n

The question before the court is whether the phone call from the governor\u2019s chief of staff on April 22 and the subsequent removal letter were adverse actions that punished Dr. Cubin\u2019s free speech and his petition to the government.<\/p>\n\n\n\n

The letter stated, \u201cI 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.\u201d Gordon\u2019s stated concern for the absence of prejudice are interesting for two reasons.<\/p>\n\n\n\n

First, the Wyoming statute<\/a> concerning the board of medicine provides that its president can exclude any member from a given disciplinary vote \u201cdue to conflicts of interest or other circumstances.\u201d One wonders why the drastic step of removal was chosen, when a more reasonable remedy was available.<\/p>\n\n\n\n

Second, Cubin\u2019s complaint notes that, in the past, board members were not punished for speaking on legislative issues. It states, \u201cformer 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.\u201d (For the record, Cubin cites this author\u2019s May 31 article<\/a> to substantiate this point.)<\/p>\n\n\n\n

Due to the Wyoming court\u2019s 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\n\n\n

If doctors who speak up are disqualified from holding bad medicine to account, who will be left to protect our children?<\/p>\n\n\n\n

\n\n\n\n

Jonathan G. Lange is a pastor of the Lutheran Church \u2013 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 OnlyHuman-JL.blogspot.com<\/a>.<\/em><\/p>\n","protected":false},"excerpt":{"rendered":"

Wyoming is an interesting state with the biggest thing going for it being that we have a total population of only 576,851 (2020), with the biggest city being Cheyenne with 65,132 (2020). This affords us the opportunity to actually have elections won based on values over propaganda, with state legislators actually walking around and meeting […]<\/p>\n","protected":false},"author":1,"featured_media":0,"comment_status":"closed","ping_status":"","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[7,31],"tags":[],"class_list":["post-8757","post","type-post","status-publish","format-standard","hentry","category-world","category-wyoming"],"blocksy_meta":[],"featured_image_src":null,"author_info":{"display_name":"Jason","author_link":"https:\/\/jasonsblog.ddns.net\/index.php\/author\/jturning\/"},"_links":{"self":[{"href":"https:\/\/jasonsblog.ddns.net\/index.php\/wp-json\/wp\/v2\/posts\/8757","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/jasonsblog.ddns.net\/index.php\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/jasonsblog.ddns.net\/index.php\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/jasonsblog.ddns.net\/index.php\/wp-json\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/jasonsblog.ddns.net\/index.php\/wp-json\/wp\/v2\/comments?post=8757"}],"version-history":[{"count":1,"href":"https:\/\/jasonsblog.ddns.net\/index.php\/wp-json\/wp\/v2\/posts\/8757\/revisions"}],"predecessor-version":[{"id":8759,"href":"https:\/\/jasonsblog.ddns.net\/index.php\/wp-json\/wp\/v2\/posts\/8757\/revisions\/8759"}],"wp:attachment":[{"href":"https:\/\/jasonsblog.ddns.net\/index.php\/wp-json\/wp\/v2\/media?parent=8757"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/jasonsblog.ddns.net\/index.php\/wp-json\/wp\/v2\/categories?post=8757"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/jasonsblog.ddns.net\/index.php\/wp-json\/wp\/v2\/tags?post=8757"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}