Radiologist dealt blow in court battle stemming from his support for youth trans-care ban
A Wyoming radiologist has been dealt a blow in his court battle with the state’s governor, who booted the doc from the local medical board last year amid controversy.
One year ago, Eric Cubin, MD, sent a message to members of the Wyoming legislature, urging them to support “Chloe’s Law,” 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.
Gov. Mark Gordon (R) later forced the radiologist to resign from the board, believing the message to lawmakers would make Cubin appear biased when weighing other matters. The radiologist and attorneys with the Liberty Justice Center later sued the governor, claiming his free-speech rights were violated. But a federal judge tossed the claims on April 14, Cowboy State Daily reported.
“In balancing Dr. Cubin’s First Amendment interests in speaking and petitioning as a citizen on a matter of public concern against Wyoming’s countervailing interests in the impartial and efficient management of its government affairs, the court finds the balance favors the government employer,” U.S. District Judge Scott Skavdahl wrote in his 30-page decision.
Cubin and his representatives also had requested an injunction, compelling authorities to reinstate him on the medical board. But a judge also denied that motion in March. They’ve since challenged that ruling, with the U.S. 10th Circuit Court of Appeals now considering the matter.
The Liberty Justice Center shared a statement Wednesday in response to the ruling.
“The Wyoming federal court was wrong to deny Dr. Cubin a preliminary injunction to restore him to the Wyoming Board of Medicine last November, and it was wrong to dismiss his case this week,” said Jacob Huebert, president of the Liberty Justice Center.
“Governor Gordon was clear about why he terminated Dr. Cubin from the board: because of Dr. Cubin's comments to the state legislature supporting Chloe's Law—which Governor Gordon actually signed into law. This was explicit retaliation against Dr. Cubin for speaking out as a private citizen on an issue of public importance—and it violated Dr. Cubin's First Amendment rights.
“We look forward to presenting our case to the Tenth Circuit Court of Appeals, seeing these decisions overturned, and having Dr. Cubin placed back on the board,” Huebert added later.
Marty Stempniak has covered healthcare since 2012, with his byline appearing in the American Hospital Association's member magazine, Modern Healthcare and McKnight's. Prior to that, he wrote about village government and local business for his hometown newspaper in Oak Park, Illinois. He won a Peter Lisagor and Gold EXCEL awards in 2017 for his coverage of the opioid epidemic.