CONCORD, NH – The Justice Department is backing a New Hampshire small business in a federal lawsuit, filing a legal brief Monday stating that employers cannot be forced to cover gender dysphoria treatments under federal law if doing so conflicts with their religious beliefs.
In a Statement of Interest filed in Bernier v. Turbocam, the DOJ argued that neither the Civil Rights Act nor the Americans with Disabilities Act compels companies to provide insurance coverage for procedures related to gender dysphoria.
The filing emphasized protections under the Religious Freedom Restoration Act, which shields individuals and businesses from government mandates that violate sincerely held religious beliefs.
The case stems from a male plaintiff suing Turbocam, a privately held company, alleging the business was required to offer insurance that includes gender-related care.
Assistant Attorney General Harmeet K. Dhillon of the DOJ’s Civil Rights Division stated that the Department is committed to defending religious liberty and clarified that elective procedures tied to gender dysphoria are not mandated under federal disability or civil rights law.
U.S. Attorney Erin Creegan for the District of New Hampshire echoed that position, noting the federal government’s obligation to provide consistent application of the law so that citizens and employers can act with legal clarity.
The case, filed in the District of New Hampshire under case number 1:23-cv-00523, has drawn national attention amid ongoing legal debates over the extent of anti-discrimination protections for gender identity and the scope of religious liberty in the workplace.
The Justice Department’s filing does not determine the outcome of the case but signals its legal stance in future disputes where civil rights protections may intersect with religious exemption claims.
Turbocam, the defendant in the case, is a small business that claims compliance with the requested coverage would violate the company’s Christian beliefs.
The federal court has not yet ruled on the merits of the case or on whether the plaintiff’s claims will proceed to trial.
