Washington (December 13, 2019) – Senators Edward J. Markey (D-Mass.) and Kirsten Gillibrand (D-N.Y.) today sent a letter to the United States Department of Health and Human Services (HHS) voicing strong opposition to the agency’s decision to roll back current nondiscrimination regulations and proposed rule that would allow HHS grantees to deny services to members of the lesbian, gay, bisexual, transgender, and queer (LGBTQ) community under the guise of religious freedom. The letter questions whether HHS conducted any analysis on the harmful impacts of this rule prior to its publication, and calls on the agency to provide documentation of this analysis. The Senators explain that removing protections for LGBTQ individuals raises serious concerns about LGBTQ individuals’ access to programs administered through HHS, including HIV prevention, youth homelessness, refugee resettlement efforts, and violence prevention services for the elderly. The proposed rule would be especially devastating for LGBTQ foster youth, who represent more than one out of five youth in the foster system, where faith-based adoption and foster care agencies play a vital role in the federally-funded welfare system.

 

“Those who depend on these programs should not be denied access to them simply because of who they are or whom they love,” write Senators Markey and Gillibrand in their letter to Secretary Alex Azar. “The harmful consequences of both this proposed rule as well as of HHS’s refusal to enforce existing federal nondiscrimination regulations are deeply concerning to us.”

 

A copy of the Senators’ letter can be found HERE.

 

In their letter, the Senators request responses to questions that include:

  • Did HHS analyze the number of people who may be unable to access services or programs under this rule?
  • How many children do faith-based adoption agencies or foster care services currently serve, and what portion of the U.S. foster and adoption system is represented by faith-based adoption or foster organizations? 
  • Has the agency considered the proposed rule’s impact on President Trump’s stated commitment to end the HIV epidemic?
  • Will federal opioid prevention and treatment grantees be able to refuse treatment and recovery services to LGBTQ individuals?
  • Would organizations receiving Head Start funding be able to deny services to children of LGBTQ parents?

 

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