Amicus Brief

New York v. HHS: Amicus Brief

September 2019

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. The rule has been challenged in several lawsuits, including New York v. HHS.

AUTHORS

Issue
The rule elevates protections for health care workers who refuse to provide health services for religious or moral reasons, which could impact access to care for many minority groups, including LGBT people. At least eight lawsuits were filed to challenge the validity of the rule, including New York v. HHS.

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 amicus brief

New York v. HHS: Amicus Brief