November 1, 2019 – Transgender Law Center
By Anna Castro
Today the Department of Health and Human Services (HHS) announced that they are stripping nondiscrimination protections, including protections based on sexual orientation and gender identity, in all HHS grants, which are composed of taxpayer dollars. The new proposal will also give HHS the green light to fund recipients who do not treat same-sex marriages as valid.
HHS rule § 75.300 Statutory and national policy requirements previously stated that people should be given access to HHS programs and services without regard to “age, disability, sex, race, color, national origin, religion, gender identity, or sexual orientation.” Any organization receiving HHS awards were required to follow this policy. The rule also referenced United States v. Windsor and Obergefell v. Hodges, adding that same-sex marriage should also be respected by awards recipients. What’s more, HHS is stopping enforcement of current non-discrimination protections rather than waiting for the new rule to be finalized as would normally be the case. Continue reading...