“The Trump Administration has issued a proposed rule that would protect those health care providers — doctors, hospitals, and others — who want to discriminate by selectively withholding needed patient services based on gender identity or other extraneous factors. The new effort seeks to shield the pharmacist who won’t supply contraceptives or drugs that induce miscarriage, and to allow hospitals, doctors, or nurses who refuse to treat transgender patients, among other activities.

“Under the rule, the Department of Health and Human Services (HHS) would initiate audits of federally funded programs (including state programs), mandate new recordkeeping and reporting requirements, and ‘use enforcement tools otherwise available in civil rights law to address violations and resolve complaints.’

“That HHS could seek to void state-level protection is unconscionable. It is the states that issue licenses for medical institutions and providers; if the federal government deems state level anti-discrimination requirements violate the religious beliefs of providers, it could withhold federal funds from those institutions that now obey state law — regardless of the wishes of voters in those states.

“And, just the day before, HHS announced the creation of a new division within the Office of Civil Rights at  HHS to enforce the rule.

“NCJW is appalled at the trend in federal policy and enforcement activity toward disrespect and denial of care to people most in need. Just last October, a new Trump Administration rule provided that employers, including for-profit businesses, can claim a moral or religious exemption from providing no-cost contraceptive coverage through their employee health insurance plans. Prior to that, the Department of Education declared that schools need not allow transgender students and staff to use the toilet of their choice.

“These carve-outs threaten the separation of religion and state by putting the federal imprimatur on discrimination. We must fight against such policies in the courts, in Congress, and in states, or the principles embodied in the first amendment to the US Constitution will be lost.”