Top Louisiana Medical Board Faces Lawsuit for Diversity Policies

  • A non-profit group, Do No Harm, and the Pacific Legal Foundation have sued the Louisiana State Board of Medical Examiners over a rule requiring some board members to be racial minorities. The lawsuit asserts that this encourages “blatant racial discrimination” and serves no legitimate government purpose.
  • The lawsuit targets a 2018 state law that required the governor to consider race when selecting appointees to the medical examiners board. The board’s 10 members are chosen by the governor from a list of suggested nominees compiled by different medical schools and groups. The law stipulated that four of these nominating groups must include minority candidates in their suggestions, and the governor must select a minority candidate from each of these lists every other year.
  • Do No Harm launched with the aim of opposing diversity initiatives in medicine, but has since become a leader in attempts to ban gender-affirming care for transgender youth. The group has drafted model legislation that has been used in at least three states. Efforts against diversity initiatives have been gaining traction in Louisiana, particularly in education. The state Republican Party passed a resolution last year calling for laws that ban diversity, equity, and inclusion at state universities.


Nonprofit Sues Louisiana State Board of Medical Examiners Over Diversity Rule

Do No Harm, a nonprofit organization targeting diversity goals in medicine and also advocating against transgender youth health care, has initiated a legal battle against the Louisiana State Board of Medical Examiners. The group, in partnership with the Pacific Legal Foundation, alleges that the requirement for board members to include racial minorities is discriminatory.

Lawsuit Challenges 2018 State Law

The lawsuit, filed Thursday in Louisiana’s U.S. Western District Court, challenges a 2018 state law requiring racial consideration when appointing members to the state’s medical examiners board. The plaintiffs contend that the law encourages racial discrimination and lacks legitimate governmental purpose. “Treating people according to immutable characteristics like race violates the very notion of equality before the law,” argues Laura D’Agostino, an attorney for the Pacific Legal Foundation.

Government Transition and Nonprofit’s Stance

While incoming Republican Governor-elect Jeff Landry has yet to comment, Do No Harm continues its mission opposing diversity initiatives in medicine. The group, established last year, has emerged as a major player in legislative efforts to ban gender-affirming care for transgender youth.

2018 Law and Board Composition

Do No Harm defines itself as a coalition of health professionals resisting “radical, divisive, and discriminatory ideology.” The law under scrutiny, Act 599, mandates that the governor consider potential appointees’ ethnic backgrounds for the medical examiners’ board. The board, comprising ten members, is appointed by the governor from nominations provided by medical schools and organizations statewide. The 2018 law stipulates that minority candidates must be included in the nomination pools from four groups every other year.

Other Anti-Diversity Actions

In recent years, Republican-led anti-diversity initiatives have gained momentum in Louisiana. The state’s Republican Party passed a resolution last year urging the Legislature to prohibit diversity, equity, and inclusion at state universities. A separate legislative proposal to collect college diversity data met with severe criticism from academic leaders and was rejected by a House education panel.


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