(ZENIT News / Washington, 11.27.2024).- The United States Conference of Catholic Bishops (USCCB) is raising strong objections to a proposed regulation by the Department of Health and Human Services (HHS) that would impose strict anti-discrimination policies based on sexual orientation and self-declared gender identity. The bishops argue the rule could force Catholic organizations to either compromise their religious beliefs or forfeit contracts with the federal agency.
The Proposal at Stake
The HHS draft rule mandates compliance with non-discrimination policies for entities seeking federal contracts. It lacks specific definitions of what constitutes «discrimination» and omits religious exemptions. Critics contend that this ambiguity could lead to mandates requiring Catholic entities to perform gender transition surgeries, provide hormone treatments, or deliver affirming counseling services—actions at odds with their religious convictions.
The regulation would impact Catholic hospitals involved in Medicare and Medicaid, as well as organizations engaged in social services like adoption, foster care, and immigration assistance, areas where Catholic agencies have traditionally been significant contributors.
Religious Freedom Concerns
In a detailed public comment, the USCCB called on HHS to abandon the proposal, emphasizing the lack of clarity in its implementation and the potential conflict with constitutional protections for religious freedom. The bishops warned that the rule, as written, threatens to undermine Catholic agencies’ ability to serve the public while adhering to their faith.
«The rule leaves critical questions unanswered about how these requirements will apply across the diverse programs and services under HHS,» the bishops noted. They added that the policy could penalize entities unwilling to endorse certain ideologies, forcing them out of vital public service roles.
A Pattern of Conflict
This is not the first clash between the Biden administration’s HHS and Catholic organizations. In 2022, the department sought to mandate abortions in emergency cases under the Emergency Medical Treatment and Labor Act (EMTALA). That rule was blocked by the Fifth Circuit Court of Appeals, and the Supreme Court declined to review the decision.
Similarly, Catholic hospitals successfully challenged a previous HHS rule attempting to compel them to provide transgender medical procedures, citing religious objections.
Implications for the Future
The public comment period for the proposed regulation ends on December 2, after which HHS will determine its next steps. However, political developments may shift the trajectory.
President-elect Donald Trump has vowed to overturn policies promoting what he calls «gender ideology.» He has proposed a federal ban on transgender surgeries for minors and signaled strong support for religious liberty. Trump’s pick to lead HHS, Robert F. Kennedy Jr., is expected to shape future policies if confirmed by the Senate.
Broader Impacts
The proposal highlights growing tensions between government regulations and religious freedoms. Catholic organizations argue their service to communities is guided by faith-based principles, which must not be compromised by policy mandates.
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