IMAGE: CNS photo/Jonathan Drake, Reuters
By
FARGO, N.D. (CNS) — The Catholic
Benefits Association, the Diocese of Fargo and Catholic Charities North
Dakota filed a lawsuit Dec. 28 in U.S. District Court in North Dakota against a federal regulation
scheduled to take effect Jan. 1 that redefines “sex” for
anti-discrimination purposes to include sexual orientation and gender identity.
The regulation from the
Department of Health and Human Services requires that Catholic
hospitals and health care providers perform or provide gender transition
services, hormonal treatments and counseling as well as a host of surgeries
that would remove or transform the sexual organs of men or women transitioning
to the other gender. The HHS regulation requires group health plans to cover these
procedures and services.
“We ask only for the freedom to
serve consistent with our conscience and our Catholic faith,” Bishop John T.
Folda of Fargo said in a statement, released by the Catholic Benefits
Association. “While we do not discriminate against individuals because of their
orientation, our Catholic values will not permit us to pay for or facilitate
actions that are contrary to our faith.”
The Catholic Benefits
Association is made up of Catholic dioceses, hospitals, school systems,
religious orders and other entities that offer their employees insurance and
benefit programs that adhere to Catholic teaching.
The regulation, which also
mandates abortions be performed, affects health insurers, hospitals and health
plans administered by or receiving federal funds from HHS. There is no
religious exemption.
The final HHS regulation was
published in May. It applies to implementing Section 1557 of the Affordable Care
Act, which provides that individuals cannot be subject to discrimination based
on their race, color, national origin, sex, age or disability.
It cites Title VII of the Civil
Rights Act of 1964 and Title IX of the Education Amendments Act of 1972. Title
VII prohibits employers from discriminating against employees on the basis of
sex, race, color, national origin, and religion. Title IX states: “No
person in the United States shall, on the basis of sex, be excluded from
participation in, be denied the benefits of, or be subjected to discrimination
under any education program or activity receiving federal financial
assistance.”
Title IX does have an exemption
for religious organizations, but the HHS regulation does not include that
language.
“For decades, Congress and the
courts have understood the term ‘sex’ in federal law to mean biological sex —
male and female,” Archbishop William E. Lori of Baltimore, chairman of the
Catholic Benefits Association, said in a statement.
“By redefining ‘sex’ to
mean both ‘gender identity’ and ‘termination of pregnancy,’ the Obama
administration is not only trying to sidestep Congress and impose radical new
health care mandates on hospitals and employers, it is creating a moral problem
for Catholic employers that must be addressed,” he added.
In their lawsuit the plaintiffs
argue that among other federal laws, the new regulation violates:
— The Administrative Procedure
Act, a federal statute that governs the way administrative agencies of the U.S.
government may propose and establish regulations.
— The Religious Freedom
Restoration Act, prohibits the federal government from substantially
restricting a person’s religious freedom, except when it can demonstrate
“a compelling government interest” and that the government’s action
is “the least restrictive means” of furthering that interest.
— The religious freedom
protections of the First Amendment.
Two other lawsuits have been filed. The Washington-based Becket
Fund filed suit in U.S. District Court for the Northern District of Texas in
Wichita Falls on behalf of Franciscan Alliance, a religious hospital network
sponsored by the Sisters of St. Francis of Perpetual Adoration, and the
Christian Medical & Dental Associations, defending them from the new
government regulation. The states of Texas, Kansas, Kentucky, Nebraska and
Wisconsin also joined in the suit.
The District Court heard arguments in the case Dec. 20. The
plaintiffs’ motion is for partial summary judgment to dispose of the case
without a trial. The lawsuit was first filed Aug. 23; three other states —
Louisiana, Arizona and Mississippi — later joined as plaintiffs in the case.
The Becket Fund filed another lawsuit Nov. 7 in U.S. District
Court for the District of North Dakota on behalf of the Sisters of Mercy; the
University of Mary, a Catholic university near Bismarck, North Dakota; and SMP
Health System. The state of North Dakota has since joined the suit. In this
case, the plaintiffs are seeking a preliminary injunction to stop the mandate
from going into effect.
– – –
Copyright © 2016 Catholic News Service/U.S. Conference of Catholic Bishops. www.catholicnews.com. All rights reserved. Republishing or redistributing of CNS content, including by framing or similar means without prior permission, is prohibited. You may link to stories on our public site. This copy is for your personal, non-commercial use only. To request permission for republishing or redistributing of CNS content, please contact permissions at cns@catholicnews.com.
