Amicus Brief

Provider Conscience Rule Cases: Amicus Briefs

October 2020

Federal courts across the country address the constitutionality of a U.S. Department of Health and Human Services regulation that strengthens protections for health care workers who refuse to provide health services for religious or moral reasons.

Issue
In May 2019, the U.S. Department of Health and Human Services released a final rule that strengthens protections for health care workers who refuse to provide health services for religious or moral reasons, including health care for LGBT people.  Numerous lawsuits were filed to challenge the validity of the rule.

Impact
Denials of health care authorized or encouraged by the rule could worsen access to and utilization of health care for the 13 million LGBT people age 13 and older in the U.S. The rule could also exacerbate health disparities facing the LGBT population, such as a disproportionately high prevalence of psychological distress, depression, anxiety, substance use, and suicidal ideation and attempts.

Summary
The final rule failed to properly assess the potential harm imposed by the rule, particularly for LGBT patients. LGBT people experience high levels of rejection and discrimination in health care, which are commonly motivated by religion. The experience and expectation of rejection and discrimination are “minority stressors,” which adversely impact LGBT people’s health and well-being.

Download the Planned Parenthood v. HHS amicus brief

Download the New York v. HHS amicus brief

Download the Santa Clara Co. et al v. HHS amicus brief

Provider Conscience Rule Cases: Amicus Briefs