Trump Admin. and HHS Slash LGBTQ Nondiscrimination Rights

Just a few days before Trump is out of office, his administration, along with the Department of Health and Human Services, issued a nasty parting shot at LGBTQ nondiscrimination protections. The HHS finalized a rule permitting social service providers who receive funding from the federal government to discriminate on the basis of sexual orientation and gender identity.

The rule will have far-reaching consequences, affecting everything from adoption to housing and elderly care. The 77-page release issued by the HHS does away with Obama-era rules for nondiscrimination, claiming that they violate the Religious Freedom Restoration Act.

“Given the careful balancing of rights, obligations, and goals in the public-private partnerships in federal grant programs, the Department believes it appropriate to impose only those nondiscrimination requirements required by the Constitution and federal statutes,” the rule states.

The new rules will go into effect on February 11 and will most likely impact child welfare organizations first. The issue is significant in one recent Supreme Court case, Fulton v. City of Philadelphia, which is set to determine whether private institutions should be allowed to discriminate and still receive public funding.

“Since taking office, the administration has worked around the clock to dehumanize and demean LGBTQ people, all while misrepresenting the law to justify creating a license to discriminate against people including on the basis of gender identity and sexual orientation,” said Alphonso David, president of the Human Rights Campaign.

The HHS, along with eight other federal agencies, was tasked with drafting guidelines to protect religious freedoms. Those orders spun out of a White House faith and opportunity initiative launched in 2018 “to remove barriers which have unfairly prevented faith-based organizations from working with or receiving funding from the federal government.”

“From Day One, the Trump administration has been determined to roll back essential protections for LGBTQ+ Americans, religious minorities, and other vulnerable communities,” Wyden, a member of the Senate Finance Committee, stated.

“It’s no surprise that in its last days the Trump administration has delivered a devastating blow to try and permanently green-light taxpayer-funded discrimination and put the health and well-being of children and families across the nation at grave risk,” he added.

Despite Trump supporters boasting that he’s the “most pro-gay president in American history,” Trump has systematically dismantled LGBTQ protections over the last four years. From his campaign promises to reinstate “Don’t Ask, Don’t Tell” to his attacks on transgender healthcare and marriage equality, the Trump administration has proven to be anything but pro-gay.