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Doctor's board dismissal violates First Amendment rights, lawsuit says

Doctor's board dismissal violates First Amendment rights, lawsuit says


Doctor's board dismissal violates First Amendment rights, lawsuit says

A law firm is urging a federal court in Wyoming to reinstate a doctor to a state medical board.

Liberty Justice Center filed the motion for preliminary injunction Tuesday as part of its lawsuit on behalf of Dr. Eric Cubin against Gov. Mark Gordon (R-Wyoming).

Cubin says he was forced to resign from the Wyoming Board of Medicine by Gordon after Cubin wrote a private email in support of a proposed bill that the governor later signed. The legislation restricts Wyoming physicians' ability to perform gender manipulation procedures on or therapy for minors.

Liberty Justice Center attorney Buck Dougherty:

"Dr. Cubin was in favor of the bill, Chloe's law. There was a private voluntary medical association referred to as the Wyoming Medical Society. They actually opposed the bill and Dr. Cubin was just  expressing his opinion as a private citizen on this matter of public concern, Chloe's Law, and eventually the Wyoming House and Senate agreed with this position and voted overwhelmingly to enact the law. Gordon signed the law, but shortly thereafter Gov. Gordon removed Dr. Cubin from the board … because of his emails to the Wyoming House of Representatives."

Rights violated on two fronts

Cubin was one of five physicians on the eight-member board tasked with overseeing medical regulations, compliance and discipline in the state.

Dougherty, Buck (LJC) Dougherty

Dougherty says that is a violation of speech rights and the right to petition government.

In a letter informing Cubin that he would be removed from the board because in spite of his free speech rights, his emails to the Wyoming House constituted the appearance of bias and could “erode trust in the board,” The Laramie Boomerang reported.

The lawsuit states that Cubin “thought it unlikely that WMS’s stance reflected the view of the vast majority of its members and asked whether WMS could present physicians’ views on both sides of the issue.”

The suit alleges that members sought “more balanced presentation” of views but were ignored.

"We're asking the court to reinstate Dr. Cubin to the board."
Honor Wyoming, a local non-profit, is going to hand deliver more than 5,000 petitions from the people of Wyoming asking Gov. Gordon to reinstate Dr. Cubin.”