New Regulation Would Strip Federal Protections for LGBTQ People from All HHS Programs in Favor of ‘Religious Freedom’

by | Nov 6, 2019 | QUEER RVA

The rule is specifically designed to focus on adoption and foster care, but will affect all federally-funded programs under Department of Health and Human Services control, including those dealing with HIV prevention and youth homelessness.

A proposed new regulation would strip all protections for LGBTQ people from all programs administered by the U.S. Dept. of Health and Human Services, and give special rights to entities or programs that are religious or “faith-based.” HHS, under the direction of Secretary Alex Azar, has a budget of $1.2 trillion affecting the health and well-being, directly or indirectly, of nearly every person in the country.

Lambda Legal says the proposed rule “would invite HHS grantees receiving taxpayer funds to discriminate based on sexual orientation, gender identity, or religion.”

While reportedly drafted to focus on adoption and foster care organizations, the Human Rights Campaign also says the proposed rule would extend far beyond those entities to all programs that receive funding from HHS.

“The Trump-Pence White House has proposed a horrific federal regulation that would permit discrimination across the entire spectrum of HHS programs receiving federal funding,” said HRC President Alphonso David. “This would permit discrimination against LGBTQ people, religious minorities, and women in programs related to foster care, adoption, HIV and STI prevention, youth homelessness, refugee resettlement, elder care programs and more. It is unconscionable that the Trump-Pence administration would prioritize advancing discrimination over the wellbeing of vulnerable people and expect taxpayers to foot the bill for their discriminatory policies. The Trump-Pence White House is relying on the same flawed legal reasoning they’ve used in the past to justify discrimination against LGBTQ people and other communities.”

The Washington Blade, noting the  proposed regulation “will have far-reaching implications,” reports the proposal would “undo an Obama-era policy prohibiting discrimination on the basis of sexual orientation among federal grantees.”

According to  the National Center for Transgender Equality (NCTE) the Blade says “the rule will allow anti-trans discrimination in HIV and STI prevention programs, opioid programs, youth homelessness services, health professional training, substance-use recovery programs and other life-saving services.”

“The proposal seeks to gut an Obama-era rule that barred entities receiving money under federal contracts, including adoption agencies, from discriminating on the basis of sexual orientation.”

HHS is reportedly granting only 30 days for public comment and review.

Written by David Badash, The New Civil Rights Movement. Image via NCRM

New Civil Rights Movement

New Civil Rights Movement



more in gayrva

Fourth of July 2026 in Richmond: Fireworks, Festivals, and More

The best Fourth of July celebration in Richmond probably isn't the one with the biggest fireworks. It's the one where someone forgot the hot dog buns, the cooler is running low on ice, kids are chasing each other through sprinklers, and somebody insists they know a...

IllumiNATION Tells America’s Story on a Monumental Scale

Editor’s Note: RVA Magazine is partnering with the Virginia Museum of History & Culture on coverage related to America’s 250th anniversary, including Richmond SailFest and IllumiNation. It's hard to impress people with just a building. Yet standing in front of the...

Review | ‘I Love You Because’ Is Pure Joy 🏳️‍🌈

It could be said that Shakespeare invented the rom-com. It could also be said that Jane Austen improved it a couple of centuries later. Between the two of them, meet-cutes, notices of love or rejection arriving at exactly the wrong time, and breathless affirmations of...

This New Club is All About Getting Tipsy for History

Did you know that at one point Pepsi was the 6th largest navel power in the world, or that there is supposedly a box of dicks in the Vatican Museum? These were just some of the surprising history stories I heard at the first meeting of the RVA Tipsy History Club,...

New Menu | Richmond Grew Up. So Did Harry’s

Editor's Note: RVA Magazine is partnering with Harry's at The Hof on coverage related to their 10th anniversary celebration and new menu. We stopped by to see what was new, eat some good food, enjoy a few cocktails and report back. Richmond, we blew up our own spot....