The Trump administration on Thursday took another significant step in rolling back legal protections for LGBTQ patients, finalizing a rule that, if allowed to take effect, would allow individuals and health-care entities to refuse care to patients based on religious or moral objections.
In January, the U.S. Department of Health and Human Services (HHS) announced it was close to finalizing an expansive new conscience protection rule for health-care providers. The rule permits providers to refuse to provide treatment, referrals, or assistance with procedures if these activities would violate their stated religious or moral convictions. The rule goes beyond refusing to provide health care; it also includes refusal for any health-related services, including research activities, health studies, or the provision of health-related insurance coverage.
The final rule requires applicants for federal funding to provide assurances and certifications of compliance. The rule also specifies how individuals and health-care entities would comply with the new obligations, including cooperation with the HHS Office of Civil Rights (OCR), maintenance of records, reporting, and non-retaliation requirements.
“Laws prohibiting government funded discrimination against conscience and religious freedom will be enforced like every other civil rights law,” said OCR Director Roger Severino in a statement announcing the final rule. “This rule ensures that healthcare entities and professionals won’t be bullied out of the healthcare field because they decline to participate in actions that violate their conscience, including the taking of human life. Protecting conscience and religious freedom not only fosters greater diversity in healthcare, it’s the law.”
Trump’s announcement follows HHS’ overhaul at the end of April of the mission and vision statement listed on OCR’s website. The changes emphasize OCR’s role in protecting “conscience and free exercise of religion,” and were made at the same time as an HHS budget request that would weaken enforcement of civil rights protections for LGBTQ people.
Louise Melling, deputy legal director at the American Civil Liberties Union, said in a statement, “Once again, this Administration shows itself to be determined to use religious liberty to harm communities it deems less worthy of equal treatment under the law. This rule threatens to prevent people from accessing critical medical care and may endanger people’s lives.”
“Religious liberty is a fundamental right, but it doesn’t include the right to discriminate or harm others,” Melling continued. “Denying patients health care is not religious liberty. Discriminating against patients based on their gender or gender expression is not religious liberty. Medical standards, not religious belief, should guide medical care.”
Help us Prepare for Trump’s Day One
Trump is busy getting ready for Day One of his presidency – but so is Truthout.
Trump has made it no secret that he is planning a demolition-style attack on both specific communities and democracy as a whole, beginning on his first day in office. With over 25 executive orders and directives queued up for January 20, he’s promised to “launch the largest deportation program in American history,” roll back anti-discrimination protections for transgender students, and implement a “drill, drill, drill” approach to ramp up oil and gas extraction.
Organizations like Truthout are also being threatened by legislation like HR 9495, the “nonprofit killer bill” that would allow the Treasury Secretary to declare any nonprofit a “terrorist-supporting organization” and strip its tax-exempt status without due process. Progressive media like Truthout that has courageously focused on reporting on Israel’s genocide in Gaza are in the bill’s crosshairs.
As journalists, we have a responsibility to look at hard realities and communicate them to you. We hope that you, like us, can use this information to prepare for what’s to come.
And if you feel uncertain about what to do in the face of a second Trump administration, we invite you to be an indispensable part of Truthout’s preparations.
In addition to covering the widespread onslaught of draconian policy, we’re shoring up our resources for what might come next for progressive media: bad-faith lawsuits from far-right ghouls, legislation that seeks to strip us of our ability to receive tax-deductible donations, and further throttling of our reach on social media platforms owned by Trump’s sycophants.
We’re preparing right now for Trump’s Day One: building a brave coalition of movement media; reaching out to the activists, academics, and thinkers we trust to shine a light on the inner workings of authoritarianism; and planning to use journalism as a tool to equip movements to protect the people, lands, and principles most vulnerable to Trump’s destruction.
We urgently need your help to prepare. As you know, our December fundraiser is our most important of the year and will determine the scale of work we’ll be able to do in 2025. We’ve set two goals: to raise $110,000 in one-time donations and to add 1350 new monthly donors by midnight on December 31.
Today, we’re asking all of our readers to start a monthly donation or make a one-time donation – as a commitment to stand with us on day one of Trump’s presidency, and every day after that, as we produce journalism that combats authoritarianism, censorship, injustice, and misinformation. You’re an essential part of our future – please join the movement by making a tax-deductible donation today.
If you have the means to make a substantial gift, please dig deep during this critical time!
With gratitude and resolve,
Maya, Negin, Saima, and Ziggy