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Trump’s HHS Finalizes Move Rolling Back ‘Unnecessary’ Transgender Healthcare Protections

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Roger Severino, the Christian right activist who heads the Trump HHS’s Office of Civil Rights, chose to roll back health care protections for transgender Americans during Pride month.

The Trump administration just moved to roll back hard-fought Obama-era healthcare non-discrimination protections for transgender people, just as coronavirus cases are surging in at least 21 states. The timing, too, is notable. While the President does not recognize LGBTQ Pride the move comes in the middle of the month devoted to celebrating and honoring the community, and exactly on the fourth anniversary of the Pulse nightclub massacre.

The Wall Street Journal reports the new rule will take effect in 60 days, ending “a policy that expanded an antidiscrimination provision in the ACA to cover bias against” transgender people.

The move comes from the Dept. of Health and Human Services (HHS) Office of Civil Rights (OCR), which is headed by far right wing religious extremist Roger Severino (photo).

OCR calls the protections for transgender people “overbroad” and “massive and unnecessary regulatory burdens that had been eventually passed on to patients and consumers,” while suggesting they are not “substantive.”

“This continues the Trump administration’s efforts to roll back protections in health care for LGBT people,” Bloomberg Law reports. “The Department of Health and Human Services Office for Civil Rights sees preserving ‘religious freedom’ as essential to making sure health-care professionals don’t get penalized for the actions they do or don’t do in their jobs because of their moral beliefs.”

Severino is responsible for many of the administration’s most anti-LGBTQ polices.

Last year, in defending his new anti-LGBTQ “religious freedom” regulation, Severino told reporters, “Patients want doctors who match their values.”

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

Civil Rights Office at HHS Moves Closer to Killing Protections for LGBTQ Patients

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Run by Christian right activist Roger Severino, the Health And Human Services office has been pushing in this direction for a while now.

Roger Severino, a Christian right activist who heads the U.S. Dept. of Health and Human Services’s Office for Civil Rights, is one step closer to his own personal goal of removing protections for LGBTQ patients, a move that would allow discrimination based on gender and sexual orientation.

Under Severino’s leadership, the Trump administration has been moving quickly toward the final stages of dismantling critical protections for LGBTQ patients, Politico reports. The Dept. of Health and Human Services has sent a draft of its rewrite of an Obama-era policy to the Dept. of Justice for review, a sign it could soon announce the rollback of hard-fought regulations protecting some of the nation’s most vulnerable people.

HHS has been working on re-interpreting and re-writing the nondiscrimination provision of the Patient Protection and Affordable Care Act. The agency’s website currently says Section 1557 of the ACA “prohibits discrimination on the basis of race, color, national origin, sex, age, or disability in certain health programs or activities.”

“Advocates fear that it would allow hospitals and health workers to more easily discriminate against patients based on their gender or sexual orientation,” Politico reports, noting the provision “also offered specific protections for transgender patients for the first time and extended protections for women who had abortions.”

Severino has been called a “radical” anti-LGBTQ religious right activist. He previously served as CEO and counsel for the Becket Fund for Religious Liberty, a religious right non-profit that opposes separation of church and state. He also once served as the Director of the DeVos family’s Center for Religion and Civil Society in the Institute for Family, Community, and Opportunity.

Late last year a federal judge voided a rule Severino had implemented allowing medical providers to cite their personal religious or moral beliefs as a reason to refuse to provide care to certain individuals or to perform certain procedures. It would have allowed doctors and other health care professionals to refuse to perform or participate in abortions, prescribe or deliver contraception, or provide care to and LGBTQ person.

Severino is also tied to the Trump administration’s efforts to ban same-sex couples and LGBTQ people from adoption services.

Severino has long sought to gut ObamaCare’s LGBTQ protections. Before coming to the Trump administration Severino co-authored a Heritage Foundation report claiming new proposed ObamaCare nondiscrimination provisions “threaten the religious liberty, freedom of conscience, and independent medical judgment of health care professionals.”

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

Pence Brags About Trump Allowing Adoption Agencies ‘Right’ to Ban LGBTQ Parents

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“We will stand for the freedom of religion,” Vice President Mike Pence said, defending the Trump administration move to allow adoption agencies to discriminate against same-sex couples.

Vice President Mike Pence this week attended a federal government event during which he bragged about the Trump administration’s latest attack on LGBTQ people. The vice president (video below) heralded a fast-tracked proposed policy from the Dept. of Health and Human Services that would reverse an Obama-era rule barring discrimination by adoption and foster care agencies against LGBTQ people and same-sex couples.

The proposed rollback of that rule is expected to go into effect in just a few weeks, granting government protection to religious, faith-based, or any other adoption organization that wishes to claim a moral opposition to LGBTQ people from facing a loss of federal funding.

“We will stand for the freedom of religion and we will stand with faith-based organizations to support adoption,” Vice President Pence told supporters at an HHS event Tuesday, as he pounded his fists on the podium, to cheers.

“I couldn’t be more proud that at President Trump’s direction and with the strong support of leaders across foster care, adoption, and our faith communities, we’ve taken decisive action,” Pence bragged.

That “decisive action” literally reduces the pool of prospective parents for large numbers of children who don’t have parents or homes.

“More than 100,000 foster children are awaiting adoption, according to government data, but a constellation of religious agencies refuse to consider same-sex parents when placing these children,” NBC News reports. “Shortly before the end of his second term, President Barack Obama changed nondiscrimination rules governing adoption agencies to expand the definition of groups protected against discrimination to include LGBTQ people. Trump’s proposed rule change will undo that.”

In fact, same-sex couples have far higher rates of adopting and fostering children than their different-sex couple peers.

“A 2018 report from the Williams Institute at UCLA School of Law found that 1 in 5 of the estimated 114,000 same-sex couples raising children in the United States are raising adopted or foster children — significantly higher than the 3 percent of heterosexual couples doing so,” reported NBC News.

The latest discriminatory HHS rule Vice President Pence bragged about comes from Roger Severino, HHS’s Director of the Office of Civil Rights. Severino is known as a “radical” anti-LGBTQ religious right activist who previously served as CEO and counsel for the Becket Fund for Religious Liberty, a religious right non-profit that opposes separation of church and state. He also once served as the Director of the DeVos family’s Center for Religion and Civil Society in the Institute for Family, Community, and Opportunity.

Written by David Badash, The New Civil Rights Movement. Photo via NCRM. Video via Washington Blade/Facebook. Hat tip: Towleroad

New Trump Rule Would Allow Transgender People To Be Denied Health Care

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The attacks from this administration just do not stop.

On Friday, Trump’s Department of Health and Human Services (HHS) proposed a rule that seems calculated to have devastating effects on LGBTQ health care in the United States.

Roger Severino, who is the director of HHS’s Office of Civil Rights — and, probably not coincidentally, a known LGBTQ-rights opponent who has been called a “radical anti-LGBTQ activist” by the Human Rights Campaign — announced that under HHS’s proposed rule, the government would rescind Obama-era guidelines calling for Civil Rights Act protections “on the basis of sex” to be interpreted as applying to gender identity.

“When Congress prohibited sex discrimination, it did so according to the plain meaning of the term, and we are making our regulations conform,” Severino said, according to the Washington Post.

This change mirrors several other changes made by Trump’s cabinet since the 45th President took office, including in the Departments of Education and Justice. It comes only days after a proposed rule by the Department of Housing And Urban Development that would allow homeless shelters to refuse access to transgender people.

US Senator Patty Murray, the ranking Democratic member of the Senate Health, Labor, and Pensions Committee called this decision “blatantly harmful, discriminatory and wrong” in a statement.

“Patients don’t need the ideological judgment of President Trump, Vice President Pence, or anyone else for that matter—they need to know that when they seek the health care they need, they won’t be turned away because of who they are,” Murray stated.

Emilie Kao, director of the DeVos Center For Religion and Civil Society for right-wing think tank The Heritage Foundation, claimed in a statement that this ruling was necessary in order to protect the rights of doctors whose religious beliefs prohibited them from performing gender-reassignment surgeries or abortions.

“The Trump administration is right to revise Obamacare’s unlawful regulation that was blocked from taking effect by a federal court,” Kao stated. “It would have forced physicians to offer sex-reassignment procedures and abortions despite strong ethical and medical concerns.”

However, neither Kao nor the Trump administration has addressed the fact that this change could open the door for doctors to refuse even life-saving health care to a transgender person with critical injuries — as happened in 1995 to Tyra Hunter, a trans woman who’d been injured in a car accident. After discovering Hunter’s transgender status, EMTs and ER staff refused or gave inadequate health care, and Hunter died of her injuries as a result.

“Predicated on little more than prejudice, this proposal will abandon 2 million Americans who already face significant barriers to accessing adequate and life-saving health care,” said Mara Keisling, Executive Director of the National Center for Transgender Equality, in a statement.

“This is not about free health care or special treatment. It’s about the right of every American to be treated with dignity when they walk into an emergency room, meet a new doctor, or find the right insurance plan,” Keisling continued. “If permitted, this rule will promote ignorance and hate that no American should have to face while seeking care, and we are ready to fight it with everything we’ve got.”