US bishops: Federal ‘gender identity’ rule could block Catholics from government contracts

Washington DC Newsroom November 22, 2024 / 09:10

U.S. Catholic bishops are asking the U.S. Department of Health and Human Services (HHS) to reject a proposed “gender identity” rule that could disqualify faithful Catholic organizations from entering into contracts with the ministry.

HHS has proposed a rule Prohibit “discrimination” against an individual based on his or her “sexual orientation” and self-identified “gender identity” in the administration of all HHS services and programs. The proposed language does not specify what actions or policies constitute discrimination.

Under the proposal, which is undergoing a public comment period, any organization bidding for a contract must “comply with the requirements of this policy” if the contract is awarded. The proposed language does not include any religious exceptions to the nondiscrimination rules.

The United States Conference of Catholic Bishops (USCCB) presented electronically public opinion to HHS asking that the proposal be rejected. The prelates argued that the language is ambiguous and could force organizations with health care contracts to provide medications and surgeries to transgender adults and children with gender dysphoria, even if the organization has religious or moral objections.

In their public comments, the bishops also expressed concern that the language could force organizations that contract with HHS to provide counseling that affirms a person’s homosexual attraction, even if that organization has religious or moral objections.

“The preamble does not provide any explanation of how this nondiscrimination requirement will be interpreted or operate in practice with respect to the various programs and services administered and contracted by HHS,” the USCCB said in its commentary.

Depending on how the proposed rule is applied, it could force Catholic organizations to either violate their religious beliefs or refuse contracts with HHS altogether.

The rule would apply to Catholic hospitals that accept patients under Medicare and Medicaid, two programs overseen by HHS. It would also apply to Catholic organizations that partner with HHS on social services such as foster care, adoption and migrant assistance.

This wouldn’t be the first time HHS under President Joe Biden’s administration has tried to force Catholic organizations to violate their religious beliefs.

In 2022, HHS unveiled a rule that sought to force all hospitals, including Catholic hospitals, to perform abortions if they constitute “stabilizing treatment” under the Emergency Medical Treatment and Labor Act (EMTALA).

United States Court of Appeals for the Fifth Circuit blocked execution of this rule, and the US Supreme Court declined to rule on the administration’s appeal.

Court of Appeal reigned August 2022 that HHS cannot force Catholic hospitals to perform abortions or provide medications and surgeries to transgender adults and minors based on its interpretation of the Affordable Care Act’s prohibition on “sex discrimination.”

The public comment period for the proposed HHS rule ends on December 2 of this year, after which the agency will consider public input. It will then decide whether to accept the rule.

Even if the rule were to pass, it would likely be quickly abandoned after President-elect Donald Trump is inaugurated on Jan. 20 next year.

President-elect criticized in what he calls “transgender madness”, supported a federal ban on transgender surgeries for minors and said he would “take historic action to defeat the toxic poison of gender ideology and affirm that God created two sexes, male and female” and support religious freedom .

Trump intends to nominate Robert F. Kennedy Jr. will lead HHS. This appointment must be confirmed by the US Senate.

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Tyler Arnold is a staff reporter for Catholic News Agency based in the Washington bureau of EWTN News. He previously worked at The Center Square and has published in various publications, including the Associated Press, National Review, The American Conservative and The Federalist.