By Doug Wilson
Screened by the distraction of the anticipated explosion of commentary and “rage” to follow the Supreme Court’s release of its Dobbs opinion, the White House last Wednesday quietly issued an executive order that will dramatically advance its radical LGBTQI+ agenda.
As we know, the forthcoming 2022 HHS regulation, constructed on the ACA’s prohibition of “sex” discrimination, will be a disaster for Catholic employers, physicians, and hospitals. It will almost certainly mandate employer health plan coverage and health care provider performance of surgical and chemical abortion, puberty blockers, cross-sex hormones, gender-transition genital and cosmetic surgeries, and so-called reproductive health care.
After our first review of this latest executive order, CBA’s general counsel, Martin Nussbaum explains:
President Biden’s new executive order requires a third wave of “sexual rights” regulations this year. These regulations will violate the God-given dignity of men, women, and children. They will attack the science that we are made male and female, promote the destruction of innocent human life, and undermine protection of religious liberty and the ethical ordered liberty enshrined in our Constitution. Here’s Martin’s report:
Before the June 15 executive order, the administration had already promised two new waves of 2022 regulations at odds with Catholic values. The first will be the 2022 HHS Rule based on ACA § 1557. We call it the Super Sexual Rights Regulation. It will require employers and health care providers to cover or perform abortion, gender transition services, and unethical fertility treatments. We now think the administration will issue it after Dobbs.
The second wave is a series of eight other regulations advancing SOGI and LGBTQI+ “rights” or restricting or eliminating religious liberty and conscience protections. These eight will affect insurance and exchange plan coverages, education discrimination rules, eligibility for HHS grants, religious student groups’ ability to select like-minded leaders, and contractors’ freedom to make employment decisions consistent with their religious beliefs.
The June 15 executive order calls for a third wave of sexual rights regulations. None require Congressional approval. They include:
- Adding “Q” and “I” (“queer” and “intersex”) and “LGBTQI+ people of color” to the list of protected classifications;
- Further expanding “access” to LGBTQI medical services (read: more employer plan mandates and more health care provider service mandates);
- Countering “harmful” state laws that limit access to LGBTQI+ medical services and jawboning states that resist the same;
- Denying federal funding to health care providers who assist patients who made the gender journey, were disappointed, and seek to re-align with their biology;
- Creating new claims under the Deceptive Practices Act against such providers;
- Increasing government counseling supporting the choices of LGBTQI+ youth;
- Revising “eligibility standards” to participate in federal programs in light of policy favoring the activist LGBTQI+ agenda;
- Providing LGBTQI+ services, support, and mental health care in the schools; and
- Stating “guidance” for nursing homes about non-discrimination protections for LGBTQI+ residents (read: biological men identifying as women becoming roommates with elderly women residents).
Be assured that we at the Catholic Benefits Association will keep on top of each new order, regulation, or law that affects our members. We will continue to protect their freedom to lead Catholic dioceses, hospitals, schools, ministries, religious orders, and businesses guided by our Catholic values. This is what the Power of Association is about. Please feel free to share this report with other Catholic employers.