Lambda Legal, HIV and Medical Groups Fear Expansion of Federal Religious Exemptions Threatens Public Health

(Washington D.C., September 26, 2008) — Proposed expansions to federal rules prohibiting discrimination against healthcare workers could in fact increase discrimination against lesbian, gay, bisexual, transgender (LGBT) and HIV-positive patients, according to comments submitted to the Department of Health and Human Services by Lambda Legal and the National Coalition for LGBT Health, along with other health advocacy and medical care groups.

The 15-page letter expresses serious concerns that the proposed regulations, which HHS claims are intended to clarify nondiscrimination protections for HHS employees and those of organizations receiving HHS funds, are far too broad and vague and may lead grantees to violate other federal or state laws. The document states in part "existing federal law already forbids discrimination based on religion … in both employment and in public accommodations… And yet, there is no similar federal law protection against discrimination based on sexual orientation or gender identity."

"Existing law already protects workers against religious discrimination," said Lambda Legal Senior Counsel Jennifer C. Pizer. "The law requires 'reasonable accommodation' of religious beliefs – and that's a fair approach because religious freedom matters a lot. But the changes that HHS proposes are so broad, vague and confusing that they risk inviting health workers with anti-gay beliefs to refuse treatment and otherwise to discriminate against very vulnerable patients."

The groups say there is great cause for concern. Studies show anti-LGBT bias is a persistent problem among health care providers, and religious disapproval of gay people frequently contributes to that. In August, the California Supreme Court ruled in a Lambda Legal case that religion cannot be used as a legal excuse for doctors to deny infertility treatment to Oceanside lesbian Lupita Benítez. Her doctors had claimed that California's constitutional protections of religion allowed them to refuse to inseminate her after 11 months of preparatory medications and surgical treatments, but the high court disagreed unanimously.

"HHS' proposed regulations will have a negative impact on healthcare for the majority of Americans," said Rebecca Fox, director of the National Coalition for LGBT Health. "In a country where so many people struggle to access quality healthcare, HHS is creating another barrier. These regulations would be particularly harmful for LGBT Americans, many of whom already struggle to find and afford respectful, good quality medical care."

The proposed regulations could cause confusion in everything ranging from who receives care to which organizations can receive federal funding, and may result in federally funded programs and health care providers inappropriately refusing to treat LGBT or HIV positive patients in a medically sound, respectful manner.

"Patients with HIV already often face the added stigma of homophobia," said Bebe J. Anderson, director of Lambda Legal's HIV Project. "These proposed rules address too many separate issues to do anything but create massive confusion. For people with HIV, who could be left open to religiously-based discrimination or harassment, that's a dangerous prescription."

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Contact: Jason Howe, Senior Public Information Officer; T: 213.382-7600 x247; Email: jhowe@lambdalegal.org