Tampa Free Press

Radiologist Sues Wyoming Governor for First Amendment Violation after Forced Resignation

August 29, 2024

(Tampa Free Press)—The Liberty Justice Center filed a lawsuit on behalf of Dr. Eric Cubin, a radiologist who claims his First Amendment rights were violated after Wyoming Governor Mark Gordon forced him to resign from the Wyoming Board of Medicine.

The governor allegedly removed Dr. Cubin due to a private letter he wrote in support of a proposed bill that the governor later signed into law.

Dr. Cubin, a member of the Wyoming Medical Society (WMS), voiced concerns earlier this year that the organization’s opposition to a bill known as Chloe’s Law did not reflect the views of all Wyoming physicians.

Chloe’s Law, which restricts physicians from performing gender reassignment surgeries or prescribing hormone therapy for minors, faced public opposition from the WMS. Dr. Cubin requested that the WMS poll its members to ensure diverse perspectives were represented, but his concerns were ignored.

On February 28, Dr. Cubin sent a personal email to the Wyoming House of Representatives expressing his support for Chloe’s Law and stating that the WMS’s stance did not represent all physicians in the state. Despite this, the bill passed both chambers with strong support and was signed into law by Governor Gordon on March 22.

However, a month later, Governor Gordon removed Dr. Cubin from the Wyoming Board of Medicine, citing his email to the House as the reason for his dismissal. Dr. Cubin argues that his removal was an act of illegal retaliation for exercising his free speech rights.

“Governor Gordon unlawfully retaliated against Dr. Cubin for exercising his First Amendment rights,” said Buck Dougherty, Senior Counsel at the Liberty Justice Center. “People who serve in government positions do not lose their right to speak out on important issues. We look forward to holding the governor accountable for his actions in court.”

Dr. Cubin expressed his disappointment, stating, “I was removed from the Wyoming State Board of Medicine because I took a stand to protect the children in our state. I had been misrepresented by the Wyoming Medical Society and had no choice but to speak up for what I believe to be right. I am proud to stand with the Liberty Justice Center and fight this violation of my First Amendment rights.”

The lawsuit, Cubin v. Gordon, was filed in the United States District Court for the District of Wyoming, Cheyenne Division, with Cheyenne-based attorney D. Stephen Melchior serving as local counsel.