Appeals court revives radiologist’s lawsuit over his public support for youth trans-care ban

A federal court has revived one radiologist’s lawsuit stemming from his public support for a youth trans-care ban in Wyoming. 

The U.S. Court of Appeals for the 10th Circuit on Tuesday reversed a lower court’s dismissal of First Amendment claims brought by Eric Cubin, MD. Circuit Judge Nancy L. Moritz is bouncing the claim back to a district court for further proceedings. 

In its decision, the court “firmly rejected” the previous ruling, asserting that Cubin’s remarks were “merely a private grievance.” 

“This is a powerful victory for the principle that Americans do not surrender their First Amendment rights when they agree to serve their communities,” Brendan Philbin, senior counsel at the Liberty Justice Center, a nonprofit, Libertarian-leaning law firm that’s supporting the radiologist in the case, said in a statement July 21. “Dr. Cubin spoke directly to elected lawmakers about pending legislation—core political speech at the heart of the First Amendment. Today’s decision gives him the opportunity to hold the governor accountable.”

The case dates to February 2024 when Dr. Cubin—who works for Casper Medical Imaging, which isn’t part of the lawsuit—sent a message to members of the Wyoming legislature. He urged them to support “Chloe’s Law,” named after a local activist, prohibiting physicians from providing gender-affirming care to minors. A member of the state medical board at the time, Cubin was reportedly upset that the Wyoming Medical Society had advocated against the ban, despite diverging views among local docs. 

Republican Gov. Mark Gordon later forced the radiologist to resign from the board, believing the message to lawmakers would make Cubin appear biased when weighing other matters. Gordon signed the measure into law in March 2024, less than a month after the email. The radiologist and attorneys with the Liberty Justice Center eventually sued the governor, claiming his free-speech rights were violated. But a federal judge tossed the claims on April 14, 2025. 

In its decision, the appeals court contended that the email to lawmakers addressed a “matter of public concern,” recognizing it as a form of political participation protected by the Constitution. The court also ruled that the previous decision to dismiss “jumped the gun” before Cubin had a chance to conduct discovery and prove that the governor had retaliated against him, the justice center noted. Meanwhile, the appeals court upheld qualified immunity for Gordon in his own personal capacity. 

“I spoke up because Wyoming lawmakers needed to hear the truth from physicians whose views were not being represented,” Cubin said in the statement. “Today’s decision affirms that speaking honestly to our elected representatives is not misconduct—it is a constitutional right. I look forward to continuing this fight.”