logo
A judge tells federal agencies they can't enforce anti-trans bias policies against Catholic groups

A judge tells federal agencies they can't enforce anti-trans bias policies against Catholic groups

BISMARCK, N.D. (AP) — Two federal agencies cannot punish Catholic employers and health care providers if they refuse for religious reasons to provide gender-affirming care to transgender patients or won't provide health insurance coverage for such care to their workers, a federal judge ruled Thursday.
The ruling from U.S. District Judge Peter Welte, the chief federal judge in North Dakota, bars the U.S. Department of Health and Human Services from enforcing a health care rule it imposed in 2024 under Democratic President Joe Biden. The rule said that existing policies against sex discrimination covered discrimination based on gender identity, so that health care providers risked losing federal funds if they refused to provide gender-affirming care.
Welte also barred the U.S. Equal Employment Opportunity Commission from telling employers that a failure to have health plans cover gender-affirming care for their workers would represent discrimination based on sex that could lead to a lawsuit against them and penalties.
The judge rejected a request from an order of nuns, two Catholic homes and the Catholic Benefits Association, which represents employers, to impose similar bans on each agency covering abortion and fertility treatments Catholic organizations consider immoral. He said those claims were 'underdeveloped' and not ready for court review.
But he concluded that allowing the two agencies to enforce policies on gender-affirming care or health coverage for it would restrict employers' and health care providers' ability to live out their religious beliefs, violating a 1992 federal law meant to provide broad protections for religious freedoms. The HHS rule had a provision allowing the agency to make case-by-case exceptions based on religious beliefs, but Welte said that would be insufficient.
'The case-by-case exemption procedure leaves religious organizations unable to predict their legal exposure without furthering any compelling antidiscrimination interests,' wrote Welte, who is based in Fargo.
The two agencies did not immediately respond to email messages seeking comment Thursday.
The Catholic Benefits Association serves more than 9,000 employers and about 164,000 employees enrolled in member health plans, according to its website.
The group, founded in 2013, says it 'advocates for and litigates in defense of our members' First Amendment rights to provide employee benefits and a work environment that is consistent with the Catholic faith.' The First Amendment to the U.S. Constitution protects religious freedoms.
Association General Counsel Martin Nussbaum welcomed the ruling, saying the organization's members 'want to do the right thing in their health plan and in their medical services that they provide for those medical providers, and this gives them protection to doing that.'
And he said the judge's ruling suggests there are no mandates from the federal government on abortion or fertility treatments, so there is 'no need to provide protection.'
The U.S. Supreme Court ruled in 2020 that the Civil Rights Act's protections against discrimination based on sex also cover anti-LGBTQ+ bias in employment. The landmark 1964 act doesn't have specific provisions dealing with bias based on sexual orientation or gender identity.
But courts also have intervened to limit how far the federal government can go in combating anti-LGBTQ+ discrimination when religious organizations or employers with religious beliefs against LGBTQ+ rights are involved.
Both the HHS rule and the EEOC's policy on sex discrimination have their roots in efforts by President Barack Obama to protect LGBTQ+ rights in 2016, in his last year in office.
When President Donald Trump began his second term in January, he issued an order saying the federal government would not recognize transgender people's gender identities. In April, two employees said the EEOC was classifying all new gender identity-related discrimination cases as its lowest priority, essentially putting them on indefinite hold.
The 2024 HHS rule also covered bias based on 'pregnancy or related conditions,' and the Catholic health care providers argued that they might face losing federal funds if they refused to perform abortions, in line with Catholic opposition to abortion. But HHS said the rule wouldn't have forced them to perform abortions or provide health coverage for abortions — only that it couldn't refuse to care for someone because they'd had one, according to Welte.
___
Hanna reported from Topeka, Kansas.
Orange background

Try Our AI Features

Explore what Daily8 AI can do for you:

Comments

No comments yet...

Related Articles

US appeals court strikes down SEC rule on 'audit trail' funding
US appeals court strikes down SEC rule on 'audit trail' funding

Yahoo

time17 minutes ago

  • Yahoo

US appeals court strikes down SEC rule on 'audit trail' funding

WASHINGTON (Reuters) -A federal appeals court on Friday struck down 2023 regulations adopted by the U.S. Securities and Exchange Commission on funding a comprehensive market surveillance system, finding that Wall Street's top regulator had not provided a sufficient basis for allowing stock exchanges to pass on its costs to their members, court papers showed. The unanimous decision represented another blow to SEC regulations adopted under the previous Biden administration, which faced concerted opposition from industry and Republican lawmakers. It was also a setback for the Consolidated Audit Trail, a repository of investor and transaction data meant to give regulators overarching visibility into U.S. market operations, but which has faced delays and obstacles for more than a decade. The American Securities Association and Citadel Securities, which brought the lawsuit, both hailed the outcome. The ruling "prevents a tax hike on every American investor who buys or sells a share of stock," ASA President Chris Iacovella said in a statement. The SEC did not immediately respond to requests for comment. Over the objections of its Republican members, the SEC in 2023 split the operating costs among buyers, sellers, and exchanges. Officials said at the time this would divide costs evenly but also allow exchanges several years to recoup hundreds of millions already spent. This drew stiff objections from the investment industry, which said it could be left paying an unfairly large share. The two Republicans are now part of the five-member commission's controlling majority. In an opinion for a three-judge panel of the U.S. Court of Appeals for 11th Circuit, Circuit Judge Andrew Brasher said that, because the SEC had not advanced a sufficient justification in deciding how the system's cost would fall on different actors in the marketplace, "we conclude that the 2023 Funding Order is arbitrary and capricious" and therefore in violation of federal laws governing the crafting of regulations. The appeals court sent the rule back to the SEC for further processing in line with the court's decision. The SEC mandated the CAT's creation in 2012 as a response to the "flash crash" of 2010 when major Wall Street indexes temporarily erased nearly $1 trillion in market value in a matter of minutes. Officials say it can allow regulators to spot market manipulation and have cited its data in enforcement actions.

Economic concerns loom as Haitian temporary legal status expires soon
Economic concerns loom as Haitian temporary legal status expires soon

Yahoo

time17 minutes ago

  • Yahoo

Economic concerns loom as Haitian temporary legal status expires soon

There are concerns in Clark County about negative impacts on the economy when thousands of Haitian immigrants in that community lose their temporary legal status in about a month. Ohio Gov. Mike DeWine visited Springfield on Friday and spoke with community leaders about their concerns. From businesses that employ immigrants, such as Topre America, to leaders like Springfield's mayor, to people in healthcare and faith-based groups that serve the needy, such as St. Vincent DePaul. DeWine held a series of meetings to provide the community with updates. [DOWNLOAD: Free WHIO-TV News app for alerts as news breaks] News Center 7's John Bedell was with Gov. DeWine in Springfield and will explain how the state is continuing to help Clark County and the surrounding area on News Center 7 at 5:30 p.m. TRENDING STORIES: Man accused of dog attack arrested by U.S. Marshals in Dayton 2 men, 2 juveniles arrested in connection with recent road sign thefts Man in custody after SWAT called to Vandalia neighborhood DeWine held a series of meetings to provide the community with updates. [SIGN UP: WHIO-TV Daily Headlines Newsletter] Solve the daily Crossword

NC-based app uses AI to fight denied health insurance claims
NC-based app uses AI to fight denied health insurance claims

Yahoo

time17 minutes ago

  • Yahoo

NC-based app uses AI to fight denied health insurance claims

A new app developed in North Carolina is using artificial intelligence to fight denied health insurance claims. The app, from Counterforce, lets residents upload their insurance coverage documents along with their denial letter. ALSO READ: The cost of AI: Who pays to power the future? It then combines them to create a medically based analysis that residents can print and send back to their insurance company. Counterforce is free for anyone to use online. VIDEO: The cost of AI: Who pays to power the future?

DOWNLOAD THE APP

Get Started Now: Download the App

Ready to dive into a world of global content with local flavor? Download Daily8 app today from your preferred app store and start exploring.
app-storeplay-store