CASPER, Wyo. — A Casper doctor who supported a bill to regulate gender-affirming surgeries for children has sued Gov. Mark Gordon for removing him from the Wyoming Board of Medicine as an alleged act of retaliation, according to the complaint filed in federal court on Thursday.

On Feb. 28, Dr. Frederick William “Eric” Cubin III, acting as a private citizen, sent an email to the Wyoming House of Representatives supporting “Chloe’s Law” and criticized the Wyoming Medical Society’s support of it.

The Legislature passed the bill and Gordon signed it on March 23. However, Gordon expressed some concerns “that the government is straying into the personal affairs of families.”

On April 22, Gordon removed Cubin from the Wyoming Board of Medicine, according to the complaint filed by Cubin through his attorneys, D. Stephen Melchior of Cheyenne and M.D. Buck Doughtery III of the Liberty Justice Center in Austin, Texas.

“Governor Gordon explicitly cited Dr. Cubin’s email to the House of Representatives in support of Chloe’s Law as the reason for his removal,” the complaint stated.

The governor’s office did not immediately return a call seeking comment.

These are the players and actions in the controversy:

The Wyoming Board of Medicine is responsible for issuing and renewing licenses for physicians and other medical practitioners in Wyoming. It also oversees medical regulation, compliance and discipline.

It typically consists of eight members, including five physicians. They are appointed by the governor and “serve at the pleasure of the governor” for four-year terms with the advice and consent of the State Senate. Board members are compensated for their service at the same manner and amount as legislators.

Gordon appointed Cubin in February 2024.

Dr. Eric Cubin

Chloe’s Law, introduced as Senate File 99, prohibits certain gender-affirming procedures for minors, and was named after 18-year-old Chloe Cole, who began taking cross-sex hormones at 13 and underwent a double mastectomy at 15. Chloe has since de-transitioned and deeply regrets the surgeries.

“No child in Wyoming deserves to be put through these cruelties or hardships,” the complaint stated, citing an article in the Cowboy State Daily.

The Wyoming Medical Society, a voluntary organization, refers to itself as a professional organization that serves the interests of medical practitioners.

Cubin belongs to the Medical Society, but disagreed with its opposition to Chloe’s Law.

He expressed his concerns about the Medical Society’s opposition, emailed the executive director and asked for the society to present both sides of the issue. Cubin didn’t receive responses to this and other requests for a more neutral stance, and on Feb. 28 sent the email in question to the entire House of Representatives.

Cubin also did not claim to be speaking for the Wyoming Board of Medicine.

On April 22, Gordon wrote to Cubin informing him of his removal from the board.

Cubin’s comments, Gordon wrote, “could give doctors, who are licensed by the Board of Medicine, a reason to be concerned that you might use your position to advocate for a particular position when considering matters that should be considered absent an agenda or prejudice.”

In his complaint, Cubin wrote that previous board members have testified before the Legislature on controversial medical matters and never received a similar retribution from the governor.

Cubin filed three claims for relief in the lawsuit:

First Amendment Retaliation (against Gordon in his personal and official capacities): Gordon retaliated against Cubin because he exercised his First Amendment free speech rights in communicating with the Wyoming House of Representatives. Cubin cited federal case law that “the First Amendment protects a public employee’s right in certain circumstances to speak as a citizen addressing matters of public concern.” In the email to the legislators, he clearly spoke as a private citizen and not in his professional role on the board.

First Amendment Retaliation (against Gordon in his personal and official capacities): Gordon retaliated because Cubin “exercised his First Amendment right to petition the House of Representatives in expressing his ideas, hopes, and concerns about Chloe’s Law.” The email was constitutionally protected activity, but his removal from the board caused his to suffer injury including the loss of personal, professional and financial benefits association with a board position. Gordon’s action could also deter others from exercising their rights to petition the House of Representatives.

(Against Gordon in his official capacity) Wyoming State Constitution, Article I, Sections 20 & 21 Gordon violated Dr. Cubin’s free speech rights and right to petition under the Wyoming State constitution: The Wyoming Constitution “is broader than that found in the First Amendment to the United States Constitution in that it also guarantees the right to publish which include the right not only to speak and write but also to make the same known.”

Cubin is seeking the following relief from the federal court:

  • In all counts, a preliminary injunction to restore him to his position on the Wyoming Board of Medicine.
  • In all counts, a declaratory judgment declaring Gordon violated Cubin’s free speech and rights to petition.
  • In the first two counts, monetary damages against Gordon in his personal capacity to be determined at trial.
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