U.S. Bishops’ Conference Seeks End to Federal Non-Discrimination Proposal

The U.S. Conference of Catholic Bishops (USCCB) has voiced opposition to recent regulations proposed by the federal Department of Health and Human Services (HHS) that mandate non-discrimination on the basis of gender identity and sexual orientation, among other factors.

The non-discrimination regulation was proposed to protect equal access to all HHS programs, which encompass areas of medicine, public health, and social services and include over 100 different services. The proposed regulation also states that any entity seeking an HHS contract understands that to be eligible they must comply with the the non-discrimination requirements.

According to Crux, church leaders have routinely advocated for religious exemptions to such non-discrimination clauses in government rules and regulations, but such an exemption is not included in the proposed HHS regulation.

In a letter sent on November 20, the USCCB’s legal counsel voiced uncertainty and disapproval for the non-discrimination agreement, specifically critiquing protections from discrimination on the basis of gender identity and sexuality. The counsel wrote:

“In the absence of an explanation, we are concerned that, for health programs and services, the requirement of nondiscrimination 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. . .

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

“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 nondiscrimination on the basis of ‘sexual orientation and gender identity.”

This is not the first time the USCCB has taken issue with HHS policies that protect individuals on the bases of gender identity and sexuality; in 2022, the conference criticized revisions to the Affordable Care Act that sought to create more inclusive healthcare environments. In 2020, the USCCB praised the Trump administration for rejecting HHS protections for transgender individuals.

The USCCB continues to disregard the advice of healthcare professionals, the personal stories of transgender and queer individuals, and the pastoral call for justice when it comes to appropriate, safe, and effective healthcare for trans and queer people. “Treatment” that seeks to cure individuals of being queer and trans is not treatment, and blocking access to appropriate treatment and therapy for queer and trans people is to deny life-saving care. To argue against non-discrimination, as the U.S. bishops have done routinely, is to argue against justice.

—Phoebe Carstens (they/them), New Ways Ministry, December 9, 2024