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

Halloweek 2026! Our Guide to Richmond’s Halloween Madness

Halloween is Richmond to its core, and it all starts this weekend. We don't have to sell you on it. Go have fun, get weird, and let's all meet up for the All The Saint's Halloween Parade in Oregon Hill. Just be safe, don't drink and drive. Welcome to Halloweek 2026....

RVA Live Music | Thundercat, Glimmer, Deathcat, Rikki Rakki

Lotta indie and a lot of dreamy shoegaze with a healthy dose of funk and hip hop this week. Got a show coming up? New single? Simply want someone to talk music? Hit us up at griffin@rvamag.com. https://www.youtube.com/watch?v=ormQQG2UhtQ Thundercat,...

Review | BLKS is a Mixed Bag at Richmond Triangle Players

I often come off like a chihuahua on sugar pills when reviewing plays for this magazine. I am excitable, yes, but never in the service of idle flattery. I also take no joy in being critical of people’s hard work. I’ve said this whole thing before several times, but I...