US bishops take on government non-discrimination rule for ‘gender identity, sexual orientation’ in health services

NEW YORK – Lawyers representing the US Catholic bishops have written to the US Department of Health and Human Services (HHS) to express concerns about language in a proposed regulation that mandates non-discrimination on the basis of gender identity and sexual orientation.

The proposed HHS regulation states: “It is the policy of the HHS that no person otherwise eligible will be excluded from participation in, denied the benefits of, or subjected to discrimination in the administration of HHS programs and services based on non-merit factors such as race, colour, national origin, religion, sex, gender identity, sexual orientation, or disability.”

The second part of that specific section of the proposed regulation states that anyone who bids for an HHS contract understands that if they are awarded a contract they agree to comply with the policy requirements, which includes the discrimination clauses outlined above.

Therefore, if this rule proposal is enacted, it’s likely that many Catholic organisations would be out of the running for HHS contracts because of an unwillingness to comply with the non-discrimination regulation. A religious exemption is absent from this proposed regulation, which Catholic leaders have long advocated for as a must in government rules and regulations of this nature.

Concerns also include how the rule could be applied to forms of treatment for gender dysphoria in children.

The proposed regulation was published by the HHS department on 3 October and comments can be submitted for consideration for the final rule through 2 December.

In the 20 November  letter, counsel for the United States Conference of Catholic Bishops (USCCB) highlighted that the proposal “provides no explanation” of how the non-discrimination agreement will be  construed, or work in practice as applied to HHS programs, services and contracts that the department enters into.

“In the absence of an explanation, we are concerned that, for health programs and services, the requirement of non-discrimination on the basis of gender identity could be construed to require the provision of so-called ‘gender-affirming care’ and the exclusion of all other forms of treatment for gender dysphoria, especially in minors,” USCCB counsel said.

“Simply, the requirement of non-discrimination on the basis of sexual orientation could be construed to require the provision of counselling and other care that affirms same-sex attraction, again to the exclusion of all other forms of counselling and other treatment, especially minors.”

The US bishops’ letter is one of 12 comments that have been submitted on the proposed regulation, according to the Federal Register. It’s unclear who submitted the other comments and their context. HHS did not immediately respond to a Crux request for comment.

If the proposed rule becomes final, it will apply to all HHS programs and services, of which there are more than 100 across the department’s different divisions.

Because of the non-discrimination language, USCCB counsel urged the department to reject the proposed regulation:

“Given the ambiguities in the current proposed regulation, and for the reasons stated here and in our previous comments, we urge the Department to reject the proposed requirement of non-discrimination on the basis of ‘sexual orientation and gender identity’,” USCCB counsel said.

“Even if the Department rejects this recommendation, at a minimum it should acknowledge in the final acquisition regulation that it lacks a general police power to regulate the health professions, and that its non-discrimination requirements do not mandate or bar the provision of any specific type of treatment or care,” USCCB counsel concluded.

The current Health and Human Services Secretary is Xavier Becerra. Robert Kennedy Jr. has been nominated by President-elect Donald Trump to be the next Secretary of Health and Human Services, but his nomination has not yet been ratified by the Senate. In the meantime, Xavier Becerra remains in the role.

RELATED: Robert F Kennedy’s decision to endorse Trump follows ‘deep prayer’ and spiritual reflection

Photo: Health and Human Services Secretary Xavier Becerra gives remarks on ‘reproductive healthcare’ alongside Senate Democrats at the US Department of Health and Human Services building in Washington, DC, 18 June 2024. Becerra subsequently embarked on a tour through parts of the United States on behalf of US President Joe Biden’s administration to promote access to reproductive care. Sen. Tina Smith (D-MN), Sen. Debbie Stabenow (D-M), Sen. Amy Klobuchar (D-MN), Sen. Elizabeth Warren (D-MA), and Sen. Laphonza Butler (D-CA) were also in attendance. (Photo by Anna Moneymaker/Getty Images.)

The post US bishops take on government non-discrimination rule for ‘gender identity, sexual orientation’ in health services appeared first on Catholic Herald.