by Travis Weber, J.D., LL.M. , Mary Beth Waddell, J.D.
May 22, 2020
The Department of Health and Human Services (HHS) is about to finalize a rule it proposed last year to ensure that religious freedom and conscience are protected, the medical profession is not politicized, and patient care is prioritized. We urge this rule’s swift finalization.
This rule is great news for patients and the health care community alike. In 2016, under the Obama administration, HHS issued regulations on Section 1557 of the Patient Protection and Affordable Care Act defining “sex” in the context of “sex discrimination” to incorporate “gender identity” and “the termination of pregnancy”. Health care institutions sued, contending that the heavy hand of government was forcing them to violate their conscience and threatening their ability to operate. Understanding that HHS had exceeded its authority, a federal judge issued an injunction to prevent the Obama administration rule from taking effect.
Now, President Trump plans to clean up this mess, and protect religious freedom, for our caregiving institutions nationwide. This policy change will enable the medical community to fulfill the Hippocratic oath, while protecting the convictions of those in that community who want to hold to their religious beliefs and consciences about the biological understanding of sex.
President Trump’s proposed rule is also pro-life, and will ensure that the pro-life convictions of medical professionals will be honored. The inclusion of “termination of pregnancy” in the Obama administration rule could be read to require the provision of, and coverage or referral for, abortion. This could then lead to federal financial assistance being conditioned on the promotion and performance of acts that devalue the sanctity of human life. Thus, removing this language is important to ensuring that federal laws protecting the right of healthcare workers not to provide or refer for abortion will be upheld.
We applaud HHS for standing with science and religious liberty to ensure that the medical community is free of political chains and can simply focus on providing the best possible care to their patients according to the best medical science.
The finalization of this rule is a high priority for religious freedom, and very important to protecting the faith of many throughout our country.
It should be finalized promptly, so that those with long-running conscience and religious freedom concerns in this area can finally put them to rest.