US Catholic bishops urge HHS to reject proposed nondiscrimination rule, concerned it might mandate providing ‘gender-affirming care’

Legal representatives for the U.S. Conference of Catholic Bishops (USCCB) are urging the Department of Health and Human Services (HHS) to reject a proposed “gender identity” nondiscrimination regulation for HHS-contracted entities.

In October, the HHS published the proposed rule, which states that “no person otherwise eligible will be excluded from participation in, denied the benefits of, or subjected to discrimination in the administration of HHS programs and services based on … gender identity … [or] sexual orientation.”

In their November 20 comments to the HHS on behalf of the USCCB, General Counsel William J. Quinn and Director of Legal Affairs Michael F. Moses expressed concern that the proposed rule does not explain how it will be understood or practically applied. 

“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,” they wrote. 

The HHS has construed its foster care regulations in this way, the legal representatives noted.

“Similarly, 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 in minors,” they wrote. 

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