Authored by Roger Severino, this section of "Mandate for Leadership: The Conservative Promise" evaluates the Department of Health and Human Services (HHS), examining its current policies and proposing significant reforms to enhance the enforcement of conscience and religious freedom laws and revise policies on nondiscrimination based on sex, sexual orientation, and gender identity.
Summary of Proposed Changes for HHS
Conscience Protection Act
Legal Pathway for Violations
Introduce a direct legal pathway for individuals to seek redress for violations of conscience protections without awaiting federal agency actions.
Restoration of Trump-Era Policies on Conscience and Religious Freedom
Stricter Enforcement
Call for stricter enforcement of laws protecting entities refusing to perform certain medical procedures based on religious or moral objections.
Withdrawal of Funding
Suggest withdrawing funding from entities that fail to comply with conscience protections, leveraging financial influence to enforce religious and moral standards.
Finalization of Religious Freedom Rule
Aim to solidify a process within HHS for more vigorous enforcement of religious freedoms established during the Trump administration.
Reestablishment of Religious Exemptions
Broad Waivers for Child Welfare Agencies
Propose broad waivers for religious exemptions in sectors like adoption and foster care to protect the rights of religious organizations.
Revision of Section 1557 Enforcement
Biological Sex-Based Discrimination
Advocate for a return to enforcing sex discrimination based on biological sex, excluding protections for sexual orientation and gender identity.
Withdrawal of Specific Guidance and Rules
Recommend retracting guidance and rules related to abortion and nondiscrimination expanded under the Biden administration.
Implications
Increased Litigation
These changes could increase litigation and emphasize individual rights over regulatory judgments, potentially affecting the availability of certain health services where religiously affiliated providers are dominant.
Impact on Service Accessibility
The proposed rules could significantly impact the accessibility and provision of services deemed controversial, especially affecting LGBTQ+ individuals and couples seeking services in adoption and foster care.
Reversion to Biological Binary View
Reverting to a biological binary view of sex discrimination might roll back protections for transgender and gender non-conforming individuals, affecting their healthcare access and increasing discrimination.
Conclusion
The proposals outlined in this section signal a shift towards a conservative approach in interpreting and enforcing laws related to religious freedom, conscience protection, and sex discrimination. This alignment with conservative values and judicial interpretations could reshape the landscape of federal health policy and enforcement, emphasizing a traditional view of rights and protections. The focus is on reinforcing conscience protections, religious freedoms, and a biological understanding of sex, which may lead to substantial changes in how healthcare services are provided and accessed in the U.S.
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