Conscience regulations
2008 conscience rule
(Bush)
Health professionals' comments on need for
2008 proposed rule
2011 conscience rule*
(Obama)
Freedom2Care
analysis of
2011 rule
2019 conscience rule*
(Trump)
Freedom2Care
comment on
2019 proposed rule
*While the 2019 conscience protection rule by the U.S. Dept. of Health and Human Services (HHS) is in litigation, the 2011 rule remains in effect:
Freedom2Care / Christian Medical Association announced in December 2019 our intent to appeal a New York federal court's ruling against the 2019 reg.
The HHS Office of Civil Rights "will continue to receive and investigate complaints:" Read more...
Becket news release - 2019 conscience rule court decision appeal
Track this case at Becket:
Freedom2Care and CMA's lawsuit, along with HHS, defending 2019 HHS conscience rule
Gender Regulations
After our court case, HHS changed its policy regarding 2016 gender identity (transgender mandate) provisions
In 2016, the U.S. Dept. of Health and Human Services (HHS) issued a rule under Obamacare that attempted to stretch the definition of sex discrimination beyond biology, to include a person's perception of gender. The rule subjected health professionals to punishment if they declined on the basis of morality or medicine to participate in transgender procedures and prescriptions.
In 2019, HHS explained the rule that had been promulgated by the previous administration:
Although Congress prohibited discrimination on the basis of sex in 1972 (Title IX), and Section 1557
applied that law to healthcare and the Exchanges established under the ACA, HHS’s 2016 Section 1557
regulation redefined discrimination “on the basis of sex” to include gender identity and termination of pregnancy and defined gender identity as one’s internal sense of being “male, female, neither, or a combination of male and female" [emphasis added].
Our court case (Franciscan Alliance, Inc. et al. v. Burwell,) challenged the gender portion of the rule. A federal court in 2016 issued a preliminary injunction that stopped implementation of that portion of the rule. In 2019, the court finally vacated (made void, annulled) the gender portion of the rule. (For more information, see our Court Cases page under Gender Rule cases.)
Text from HHS website:
On December 31, 2016, the U.S. District Court for the Northern District of Texas issued an opinion in Franciscan Alliance, Inc. et al v. Burwell, enjoining the Section 1557 regulation’s prohibitions against discrimination on the basis of gender identity and termination of pregnancy on a nationwide basis. Accordingly, HHS’ Office for Civil Rights (HHS OCR) may not enforce these two provisions of the regulation implementing these same provisions, while the injunction remains in place.
To comply with the court's decision, in May 2019, HHS issued a proposed rule to revise the 2016 rule regarding gender identity provisions:
Read Freedom2Care's comment on the proposed rule
HHS Grants Regulation
HHS equal treatment rule aims to stop anti-religious discrimination
HHS Announces Proposed Rule Regarding Equal Treatment of Faith-Based Organizations in HHS-Supported Social Service Programs
HHS news release: January 16, 2020 - Today, the U.S. Department of Health and Human Services (HHS) is proposing a rule that implements President Trump’s Executive Order No. 13831 (May 3, 2018), removes regulatory burdens on religious organizations, and ensures that religious and non-religious organizations are treated equally in HHS-supported programs. The proposed rule ensures that HHS-supported social service programs are implemented in a manner consistent with the Constitution and other applicable federal law. Read more...
Read Freedom2Care's comment document on this rule
Education Grants Regulation
Education rule seeks to
protect student rights
U.S. Secretary of Education Betsy DeVos Announces Proposed Rule Regarding Equal Treatment of Faith-Based Education Institutions, Provides Updated School Prayer Guidance
JANUARY 16, 2020 U.S. Dept. Ed. news release: Today, U.S. Secretary of Education Betsy DeVos announced that the Department of Education is taking several concrete actions to protect religious liberty and ensure the Department is acting in accordance with the First Amendment. The Department announced a proposed rule ensuring the equal treatment and constitutional rights of religious organizations and faith-based institutions, as well as First Amendment freedoms owed to students on campus. As directed by Congress, the agency will also release updated guidance regarding constitutionally protected prayer in schools. Read more...
Read Freedom2Care's comment document on this rule
Labor Regulation
Labor issues religious freedom protection rule
News Release - U.S. Department of Labor | August 14, 2019
U.S. Department of Labor Proposes a Rule Clarifying Civil Rights Protections for Religious Organizations
WASHINGTON, DC – The U.S. Department of Labor’s Office of Federal Contract Compliance Programs (OFCCP) announced a Notice of Proposed Rulemaking intended to clarify the civil rights protections afforded to religious organizations that contract with the federal government. The proposed rule ensures that conscience and religious freedom are given the broadest protection permitted by law. The proposed rule is currently available for public inspection and will be published in the Federal Registertomorrow, August 15, 2019. Read more...
