Dr. Frederick William “Eric” Cubin III, a physician from Casper, Wyoming, has taken legal action against Governor Mark Gordon, seeking reinstatement to the Wyoming Board of Medicine after being removed from the position earlier this year, Oil City News reports.
Cubin was dismissed following his public support for a controversial bill, known as “Chloe’s Law,” which regulates gender-affirming surgeries for minors. The doctor, through his legal team, claims the removal was a violation of his First Amendment rights.
Cubin’s removal came after he sent an email to the Wyoming House of Representatives in February 2024, as a private citizen, expressing support for the bill and criticizing the Wyoming Medical Society’s opposition to it. Chloe’s Law, which was later passed by the legislature and signed by Governor Gordon, prohibits certain medical procedures related to gender-affirming care for children under 18.
In August, Cubin filed a lawsuit in federal court, accusing Gordon of retaliating against him for exercising his right to free speech. Cubin’s legal team argues that his dismissal from the board was a direct response to his expression of personal views unrelated to his official duties. In a motion filed on August 29, Cubin sought a preliminary injunction to be reinstated to the board while the case is pending.
“Governor Gordon violated Dr. Cubin’s First Amendment rights by forcing him to resign from the board as punishment for exercising his right to free speech,” said M.D. Buck Dougherty III, one of Cubin’s attorneys, in a statement.
He emphasized that the lawsuit aims to protect Cubin’s constitutional rights and restore his position.
The Wyoming Board of Medicine, which oversees medical regulation in the state, typically consists of eight members appointed by the governor. Members serve four-year terms and are tasked with issuing and renewing licenses, as well as maintaining compliance and discipline in the medical field. Cubin, a practicing physician, had served on the board before his removal in April.
Governor Gordon’s office has not commented on the pending litigation, but his April 22 letter of removal cited concerns that Cubin’s email might lead physicians licensed by the board to worry about bias. Gordon’s letter suggested that Cubin’s support of the bill could be perceived as advocacy for a particular agenda, potentially undermining the board’s objectivity.
Cubin’s lawsuit outlines three claims for relief, including First Amendment retaliation and violations of his free speech rights under both the US Constitution and Wyoming’s state constitution. His attorneys argue that his email expressed personal views on a matter of public concern, did not interfere with the board’s duties, and should be protected as free speech. The lawsuit also points out that other board members had expressed opinions on controversial issues without facing similar consequences.
Since the lawsuit was filed, over 5,300 Wyoming residents have signed petitions urging Governor Gordon to reinstate Cubin. The petitions were delivered to the governor’s office by the nonprofit Honor Wyoming, which has been advocating for Cubin’s reinstatement.
As the legal proceedings continue, Cubin’s case has attracted attention for its potential implications on free speech and public service. A preliminary injunction hearing will determine whether Cubin will be temporarily reinstated to the board while the court reviews the full case. In addition to seeking reinstatement, Cubin is asking for monetary damages against Governor Gordon in his personal capacity for the harm caused by his removal.
