A new proposal from President Joe Biden’s Department of Health and Human Services (HHS) would repeal protections for healthcare workers for refusing a service that conflicts with their beliefs.
The current guidelines were issued during the Trump administration and have focused on religious exemptions for controversial issues, such as performing abortions or sterilizations, transgender surgeries, and administering birth control.
Initially designed to defund noncompliant healthcare centers, the 2019 rule was blocked by three federal courts after lawsuits filed by several states and blue cities, the American Civil Liberties Union, and Planned Parenthood.
Now, HHS said in a statement Thursday that it will partially reverse the controversial Trump-era trial and “provide additional safeguards to protect against religious and conscience discrimination.”
According to the department, the biggest changes will be the official removal of most of the religious and moral conscience rights detailed in the 2019 rule. Provisions that allowed HHS to withdraw funds under new conscience rights were also revoked.
“No one should be discriminated against because of their religious or moral beliefs, especially when they seek or provide assistance,” HHS Secretary Xavier Becerra said. “The proposed rule strengthens protections for people with religious or moral objections while ensuring access to care for all in accordance with the law.”
National Women’s Law Center President and CEO Fatima Goss Graves applauded the department’s decision, noting its relevance following the Supreme Court ruling in Dobbs v. Jackson Women’s Health Organization in June.
“The administration’s action to reaffirm that patient health must come first is crucial in the wake of the Supreme Court decision that nullified the constitutional right to abortion and the resulting increase in denials of care to patients across the line.” Graves said.
“It is more important than ever to protect people seeking medical care, including abortion, and to ensure their providers can provide them with the care they need,” she added.