U.S. Bishops Oppose Federal Non-Discrimination Rule for Social Service Providers

The U.S. bishops’ conference has lobbied against a proposed federal regulation to stop discrimination against LGBTQ+ people by agencies who recieve government grants to provide social services and healthcare.

The federal Department of Health and Human Services’ Office of Civil Rights seeks to prevent anti-LGBTQ+ discrimination in federally-funded programs involving housing and homelessness, substance abuse treatment, and healthcare for parents and children. The office’s director, Melanie Fontes Rainer, said no one receiving such services should “fear being discriminated against because of who they are or who they love.”

In response, the U.S. Conference of Catholic Bishops filed a public comment to try and stop the regulation from being approved. The Tablet (U.S.) reported:

“The bishops said the proposed rule would place ‘unconstitutional conditions on participation in government programs’ which would threaten Catholic social service agencies from carrying out their work. . .

“They also said the rule’s ‘religious exemption scheme offers no assurance to religious charities that they will be able to participate in HHS-funded programs without being made to violate their beliefs.'”

The USSCB comment described examples of what the bishops see as potential conflicts, including Catholic agencies not being able to exclude unhoused transgender people or migrant children from gender-segregated shelters. Beyond alleged violations of religious liberty, the USCCB comment concludes, “Most fundamentally, though, the [regulation] reflects anthropological premises that are simply not true.”

In related news, earlier this year, Catholic groups seeking to allow healthcare providers to discriminate against transgender patients successfully sued the Biden administration, which declined to appeal. Crux reported:

“The case at hand is Sisters of Mercy vs. Becerra. The plaintiffs in the case were the Sisters of Mercy, a Catholic religious order based in Alma, Michigan, some of whose members serve as licensed healthcare professionals, as well as a handful of other Catholic health care providers and organizations.

“Their lawsuit pertained to 2016 amendments to section 1557 under Title IX of the Affordable Care Act, which stipulated that it was unlawful for any health program or activity that receives federal financial assistance to deny transition-related care. . .

“This is the second time the Biden administration chose not to appeal a federal court ruling against the gender-transition care mandate. In the previous case, Franciscan Alliance v. Becerra, a federal court issued a similar ruling on August 26, 2022, that the mandate violated the plaintiffs’ religious freedoms.”

These two instances of Catholic groups targeting attempted LGBTQ+ non-discrimination protections are but the latest actions in a campaign by the U.S. Conference of Catholic Bishops and its allies to vacate seemingly all such protections in the name of religious liberty. The campaign is misguided in failing to recognize that non-discrimination is a Catholic value, for which the entire faithful should be advocating. Instead, the institutional church is negatively impacting the civil rights of all LGBTQ+ people in the U.S.

To learn more about why Catholics can and should support LGBTQ+ non-discrimination, check out one of New Ways Ministry’s latest publications, A Home for All.

Based on a statement endorsed by 750 theologians, church leaders, and key Catholic figures, the brief 60-page book is suitable for pastoral ministers, educators, and Catholics in the pews. It explains why the Catholic faith promotes equality for LGBTQ+ people, despite some church leaders’ opposition. It also includes testimonials, discussion questions, and a list of resources. 

New Ways Ministry offers in-person and Zoom presentations on the ideas presented in A Home for All.  For more information or to request a workshop, send email to [email protected]or call 301-277-5674.

You can find more information about A Home for All and order a copy by clicking here.

Robert Shine (he/him), New Ways Ministry, September 22, 2023

6 replies
  1. Hilary Cook
    Hilary Cook says:

    I find myself confused by the USSCB statement – where is the Scriptural reference that Jesus refused to help anyone? Sure he baulked a couple of times over the Jew/non-Jew thing but did help as he was asked.
    Are we not all made in the image and likeness of G-D?
    Do we need to look inside ourselves and note whether a self-righteous tribal instinct, flowing from egoism is not at play expunging Christ from our centre?

    Reply
  2. Thomas Ellison
    Thomas Ellison says:

    The USCCB is foisting its own views on public policy and not for the public good. Regulations barring discrimination against LGBT persons are necessary because of men like these bishops. They seem to think everyone must acknowledge their authority in such matters. Are people of other faiths or no faith at all also subject to their edicts and opinions ?

    Reply
  3. Thomas William Bower
    Thomas William Bower says:

    As noted above, what is the theological basis for discrimination against LGBT people? I search the Gospels and find lots of anti-greed -cruelty -slavery and the like, but generally Jesus is highly inclusive. In the Creed we recite regularly as what we believe there is nothing about hating LGBT people. What don’t the bishops get? Perhaps with their sparkly flowing gowns they are all transgender and trying to hide their proclivity. It is like the prohibition for female servers at the altar. Once it happened the world went on quite well. Is there a message there about ordaining women priests? If LGBT people are welcomed, think what wonderful things will follow from their new freedom if they don’t have to hide themselves?
    Peace,

    Reply
  4. Loretta Fitzgerald
    Loretta Fitzgerald says:

    Richard Rohr’s reflection today seems a wise response to today’s post.

    “Spiritual leaders who lack basic human compassion have almost no power to change other people, because people intuitively know they do not represent the Whole and Holy One. Such leaders need to rely upon roles, laws, costume, and enforcement powers to effect any change in others. Such change does not go deep, nor does it last. In fact, it is not really change at all. It is mere conformity.”

    “Compassion changes everything. Compassion heals. Compassion mends the broken and restores what has been lost. Compassion draws together those who have been estranged or never even dreamed they were connected. Compassion pulls us out of ourselves and into the heart of another, placing us on holy ground where we instinctively take off our shoes and walk in reverence. Compassion springs out of vulnerability and triumphs in unity.“

    Reply
  5. Betsy Linehan
    Betsy Linehan says:

    New Ways should distinguish, in stories like this, between the Sisters of Mercy of the Americas and the much smaller break-away Sisters of Mercy of Alma, MI. The Sisters of Mercy of the Americas support policies that include LGBTQ+ members of U.S. society. We therefore support federal non-discrimination regulations for social service agencies.

    Reply

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