Voices
We Can Stop Trump's 'Religious Refusals' in the Health Care Industry
A week remains for voicing opposition to a dangerous anti-LGBT assault on our lives.
March 20 2018 6:47 AM EST
March 20 2018 4:59 PM EST
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A week remains for voicing opposition to a dangerous anti-LGBT assault on our lives.
During the Obama administration, I was the director of the Office for Civil Rights at the Department of Health and Human Services in Washington, D.C. There, I was privileged to spearhead the issuance of regulations implementing Section 1557 of the Affordable Care Act, the groundbreaking civil rights provision that -- among other things -- was the first federal law to prohibit sex discrimination in health care.
While I was at OCR, we also enforced laws that allow medical providers to refuse to perform abortions and certain other carefully specified procedures where those procedures violate the providers' religious beliefs. In doing so, we adhered to the respect the law affords to religious liberty while also recognizing the critical mission of OCR and HHS to enhance access to medical care and coverage.
In the Trump administration, OCR is poised to upset that careful balance in ways that could significantly endanger patient health and well-being, including for LGBT individuals. OCR has created a new division devoted exclusively to defending the rights of religious providers to deny health care and has issued a proposed rule that seems likely, if finalized, to substantially expand those denials.
Here are five ways OCR's actions could affect LGBT people:
It's of course important to strike a careful balance between religious liberty interests and civil rights -- both are fundamental principles that underlie our democracy. But OCR's proposed rule appears to dispense with that balancing altogether and instead to create far-reaching and potentially dangerous safe harbors for the discriminatory denial of care.
This is not the end of the story, however. The proposed rule is open for public comment until March 27 and OCR is obligated to consider and respond to the comments it receives. This is the public's opportunity to let OCR know the harms the proposed rule could cause.
Let's tell OCR that it can't jeopardize the health and well-being of the LGBT community, not to mention critical reproductive health care for women, in this way. The health of vulnerable communities - as well as the health of our civil rights laws -- demands no less.
JOCELYN SAMUELS is the executive director of the Williams Institute, a think tank at UCLA Law dedicated to conducting rigorous, independent research on sexual orientation and gender identity law and public policy.