University of Michigan Law School
Civil Rights Litigation Clearinghouse
new search
view search results
page permalink
Case Name Franciscan Alliance, LLC v. Burwell PB-TX-0012
Docket / Court 7:16-cv-00108-O ( N.D. Tex. )
State/Territory Texas
Case Type(s) Public Benefits / Government Services
Speech and Religious Freedom
Case Summary
On August 23, 2016, religiously affiliated health organizations and states filed this lawsuit in the Northern District of Texas. The plaintiffs sued Sylvia Burwell, Secretary of Health and Human Services, and the Department of Health and Human Services (HHS) under the Administrative Procedure Act ... read more >
On August 23, 2016, religiously affiliated health organizations and states filed this lawsuit in the Northern District of Texas. The plaintiffs sued Sylvia Burwell, Secretary of Health and Human Services, and the Department of Health and Human Services (HHS) under the Administrative Procedure Act and the Religious Freedom Restoration Act claiming violations of these acts as well as their Article I, First, Fifth, Tenth, and Eleventh Amendment rights. The plaintiffs claimed that new regulations promulgated by HHS, which redefines the word “sex” to include gender identity, stereotypes, and termination of pregnancy, requires health care providers to provide health programs and procedures which “violate their medical judgment” and “their deeply held religious beliefs” (including performing/referring transition procedures, discussing transition procedures as current standards of care, using appropriate gender-transition affirming language, providing sex-specific facilities based on gender identity, etc). Complaint (Clearinghouse Document 1).

The plaintiffs, represented by public interest and government counsel, sought declaratory, injunctive, and monetary relief. Specifically, the plaintiffs ask the court to declare the regulations invalid, enjoin enforcement of the regulations, and award actual and nominal damages as well as the costs of the action and attorney fees. Plaintiffs requested a jury trial.

On October 21, 2016, plaintiffs filed a partial motion for summary judgment and, in the alternative, a motion for preliminary injunction. A hearing was held on December 20, 2016 and Judge Reed O’Connor granted the preliminary injunction on December 31, 2016 on the grounds that “the regulation violates the Administrative Procedure Act (‘APA’) by contradicting existing law and exceeding statutory authority, and the regulation likely violates the Religious Freedom Restoration Act (‘RFRA’) as applied to Private Plaintiffs." The court did not consider the motions for summary judgment at this time. 2016 WL 7638311.

Defendants filed to stay the court’s preliminary injunction, but the stay was denied on January 24, 2017.

This case is ongoing.

Rachel Barr - 02/20/2017


compress summary

- click to show/hide ALL -
Issues and Causes of Action
click to show/hide detail
Issues
Benefit Source
Medicaid
Medicare
Constitutional Clause
Due Process
Federalism
Free Exercise Clause
Freedom of speech/association
Content of Injunction
Preliminary relief granted
Defendant-type
Jurisdiction-wide
Discrimination-basis
Gender identity
General
Abortion
Gay/lesbian/transgender
Religious programs / policies
Medical/Mental Health
Reproductive health care (including birth control, abortion, and others)
Plaintiff Type
Non-profit religious organization
State Plaintiff
Causes of Action Administrative Procedure Act, 5 U.S.C. §§ 551 et seq.
Religious Freedom Rest. Act/Religious Land Use and Inst. Persons Act (RFRA/RLUIPA)
Defendant(s) United States of America
Plaintiff Description States and religious organizations
Class action status sought No
Class action status granted No
Prevailing Party None Yet / None
Public Int. Lawyer Yes
Nature of Relief Preliminary injunction / Temp. restraining order
Source of Relief Litigation
Case Ongoing Yes
Additional Resources
click to show/hide detail
  William G. v. Pataki
http://www.bazelon.org/william-g-v-pataki/
Date: 2017
By: The Bazelon Center (The Bazelon Center)
[ Detail ] [ External Link ]

  Disability Rights New Jersey v. Velez
http://www.bazelon.org/drnj-v-velez/
Date: 2017
By: The Bazelon Center (The Bazelon Center)
[ Detail ] [ External Link ]

  Williams v. Quinn
http://www.bazelon.org/williams-v-quinn/
Date: 2017
By: The Bazelon Center (The Bazelon Center)
[ Detail ] [ External Link ]

  United States of America v. Commonwealth of Virginia
http://www.bazelon.org/u-s-v-virginia/
Date: 2017
By: The Bazelon Center (The Bazelon Center)
[ Detail ] [ External Link ]

  United States of America v. North Carolina
http://www.bazelon.org/u-s-v-north-carolina/
Date: 2017
By: The Bazelon Center (The Bazelon Center)
[ Detail ] [ External Link ]

  U.S. v. Georgia
http://www.bazelon.org/u-s-v-georgia/
Date: 2017
By: The Bazelon Center (The Bazelon Center)
[ Detail ] [ External Link ]

  O'Toole v. Cuomo [Formerly DAI v. Cuomo]
http://www.bazelon.org/otoole-v-cuomo/
Date: 2017
By: The Bazelon Center (The Bazelon Center)
[ Detail ] [ External Link ]

  Amanda D. v. Hassan
http://www.bazelon.org/amanda-d-v-hassan/
Date: 2017
By: The Bazelon Center (The Bazelon Center)
[ Detail ] [ External Link ]

Docket(s)
7:16-cv-00108-O (N.D. Tex.)
PB-TX-0012-9000.pdf | Detail
Date: 02/16/2017
Source: PACER [Public Access to Court Electronic Records]
General Documents
Complaint [ECF# 1]
PB-TX-0012-0001.pdf | Detail
Date: 08/23/2016
Source: PACER [Public Access to Court Electronic Records]
First Amended Complaint [ECF# 21]
PB-TX-0012-0002.pdf | Detail
Date: 10/17/2016
Source: PACER [Public Access to Court Electronic Records]
Order [ECF# 62] (227 F.Supp.3d 660) (N.D. Tex.)
PB-TX-0012-0003.pdf | WESTLAW| LEXIS | Detail
Date: 12/31/2016
Source: PACER [Public Access to Court Electronic Records]
Order [ECF# 69] (N.D. Tex.)
PB-TX-0012-0004.pdf | Detail
Date: 01/24/2017
Source: PACER [Public Access to Court Electronic Records]
Judges O'Connor, Reed Charles (N.D. Tex.)
PB-TX-0012-0003 | PB-TX-0012-0004 | PB-TX-0012-9000
Plaintiff's Lawyers Barclay, Stephanie Hall (District of Columbia)
PB-TX-0012-9000
Goodrich, Luke W. (District of Columbia)
PB-TX-0012-0001 | PB-TX-0012-9000
Nimocks, Austin R. (District of Columbia)
PB-TX-0012-0001 | PB-TX-0012-0002 | PB-TX-0012-9000
Rienzi, Mark (District of Columbia)
PB-TX-0012-9000
Defendant's Lawyers Amiri, Brigitte A. (New York)
PB-TX-0012-9000
Block, Joshua A (New York)
PB-TX-0012-9000
Esseks, James Dixon (New York)
PB-TX-0012-9000
Grogg, Adam Anderson (District of Columbia)
PB-TX-0012-9000
Hauss, Brian M. (New York)
PB-TX-0012-9000
Heaps, Bailey Wilson (District of Columbia)
PB-TX-0012-9000
Mach, Daniel (District of Columbia)
PB-TX-0012-9000
Melling, Louise (New York)
PB-TX-0012-9000
Nestler, Emily B. (District of Columbia)
PB-TX-0012-9000
Robertson, Rebecca Lynn (Texas)
PB-TX-0012-9000

- click to show/hide ALL -

new search
view search results
page permalink

- top of page -