SUBSCRIBE TO OUR FREE NEWSLETTER
Daily news & progressive opinion—funded by the people, not the corporations—delivered straight to your inbox.
5
#000000
#FFFFFF
5
#000000
#FFFFFF
Health and Human Services Secretary Xavier Becerra speaks during a press conference in Washington, D.C. on June 28, 2022. (Photo: Nicholas Kamm/AFP via Getty Images)
Court Applauded for Tossing Trump-Era Rule That Allowed Taxpayer-Funded Discrimination
"We are thrilled that the court has removed the continuing threat the presence of the discriminatory Trump-era rule posed to some of the most vulnerable members of society," said one attorney.
Jul 06, 2022
A federal district court on Wednesday rescinded a Trump-era policy that prohibited the U.S. Department of Health and Human Services from requiring that service providers in its $500 billion federal grant program not discriminate based on sexual orientation, gender identity, religion, and other characteristics--eliciting praise from social justice advocates.
"There was simply no excuse for the Trump administration's unlawful policy sanctioning taxpayer-funded discrimination."
The ruling stems from a lawsuit filed in February 2021 by Democracy Forward and Lambda Legal, along with pro-bono co-counsel Cravath, Swaine, and Moore, LLP, on behalf of Facing Foster Care in Alaska, Family Equality, True Colors United, and Services and Advocacy for GLBT Elders (SAGE).
"We are thrilled that the court has removed the continuing threat the presence of the discriminatory Trump-era rule posed to some of the most vulnerable members of society, including LGBTQ+ children, seniors, and people with low income, who rely on federally funded programs to meet their basic needs," Currey Cook, senior counsel at Lambda Legal, said in a statement.
In their complaint, plaintiffs argued that a regulatory rollback carried out shortly before former President Donald Trump left office last January subjected people who receive services from HHS grant-funded programs to "unlawful discrimination."
Roughly one week before President Joe Biden was inaugurated, the Trump administration finalized an illegal rule eliminating protections developed under former President Barack Obama in 2016 that barred discrimination on the basis of "age, disability, sex, race, color, national origin, religion, gender identity, or sexual orientation."
"Under the revised rule," The Hill reported, "entities like faith-based foster groups receiving HHS grant money could be given waivers allowing them to circumvent nondiscrimination provisions protecting same-sex or non-Christian couples."
Trump's HHS defended its discriminatory policy, arguing that "when faith-based organizations are permitted to participate consistent with their religious beliefs, there is greater availability of foster care and adoption services and placements."
Biden's HHS agreed to a court order last February that immediately stayed the effective date of the Trump-era rule. HHS reversed the policy in November, contending that the waivers are inconsistent with its "critical goal of combating discrimination based on religion, sexual orientation, and gender identity." The department said at the time that it would assess requests for religious exemptions and modifications of program requirements on a case-by-case basis.
U.S. District Judge Jia M. Cobb's Wednesday ruling restores the nondiscrimination mandate established by the Obama administration, though additional work is needed to ensure that it is enforced.
"Beneficiaries and participants in HHS-funded programs should have the basic expectation that they can access all services and care and do so without facing harm," said Cook, who directs the Youth in Out-Of-Home Care project at Lambda Legal. "This week, the court took an important step on the heels of HHS's acknowledgment of a flawed process that violated important procedural safeguards ensuring that comment by the public is meaningfully considered."
Kristen Miller, senior counsel at Democracy Forward, said that "there was simply no excuse for the Trump administration's unlawful policy sanctioning taxpayer-funded discrimination against people who receive services from HHS grant programs, including youth and families in the child welfare system, youth experiencing homelessness and older adults, among other vulnerable populations."
"While today's victory is a step in the right direction, the Trump-era decision not to enforce the lawful 2016 rule has not yet been reversed," Miller noted. "Lambda Legal and Democracy Forward will continue to challenge the nonenforcement policy until all persons receive the protections of the law."
An Urgent Message From Our Co-Founder
Dear Common Dreams reader, It’s been nearly 30 years since I co-founded Common Dreams with my late wife, Lina Newhouser. We had the radical notion that journalism should serve the public good, not corporate profits. It was clear to us from the outset what it would take to build such a project. No paid advertisements. No corporate sponsors. No millionaire publisher telling us what to think or do. Many people said we wouldn't last a year, but we proved those doubters wrong. Together with a tremendous team of journalists and dedicated staff, we built an independent media outlet free from the constraints of profits and corporate control. Our mission has always been simple: To inform. To inspire. To ignite change for the common good. Building Common Dreams was not easy. Our survival was never guaranteed. When you take on the most powerful forces—Wall Street greed, fossil fuel industry destruction, Big Tech lobbyists, and uber-rich oligarchs who have spent billions upon billions rigging the economy and democracy in their favor—the only bulwark you have is supporters who believe in your work. But here’s the urgent message from me today. It's never been this bad out there. And it's never been this hard to keep us going. At the very moment Common Dreams is most needed, the threats we face are intensifying. We need your support now more than ever. We don't accept corporate advertising and never will. We don't have a paywall because we don't think people should be blocked from critical news based on their ability to pay. Everything we do is funded by the donations of readers like you. When everyone does the little they can afford, we are strong. But if that support retreats or dries up, so do we. Will you donate now to make sure Common Dreams not only survives but thrives? —Craig Brown, Co-founder |
Our work is licensed under Creative Commons (CC BY-NC-ND 3.0). Feel free to republish and share widely.
Kenny Stancil
Kenny Stancil is senior researcher at the Revolving Door Project and a former staff writer for Common Dreams.
A federal district court on Wednesday rescinded a Trump-era policy that prohibited the U.S. Department of Health and Human Services from requiring that service providers in its $500 billion federal grant program not discriminate based on sexual orientation, gender identity, religion, and other characteristics--eliciting praise from social justice advocates.
"There was simply no excuse for the Trump administration's unlawful policy sanctioning taxpayer-funded discrimination."
The ruling stems from a lawsuit filed in February 2021 by Democracy Forward and Lambda Legal, along with pro-bono co-counsel Cravath, Swaine, and Moore, LLP, on behalf of Facing Foster Care in Alaska, Family Equality, True Colors United, and Services and Advocacy for GLBT Elders (SAGE).
"We are thrilled that the court has removed the continuing threat the presence of the discriminatory Trump-era rule posed to some of the most vulnerable members of society, including LGBTQ+ children, seniors, and people with low income, who rely on federally funded programs to meet their basic needs," Currey Cook, senior counsel at Lambda Legal, said in a statement.
In their complaint, plaintiffs argued that a regulatory rollback carried out shortly before former President Donald Trump left office last January subjected people who receive services from HHS grant-funded programs to "unlawful discrimination."
Roughly one week before President Joe Biden was inaugurated, the Trump administration finalized an illegal rule eliminating protections developed under former President Barack Obama in 2016 that barred discrimination on the basis of "age, disability, sex, race, color, national origin, religion, gender identity, or sexual orientation."
"Under the revised rule," The Hill reported, "entities like faith-based foster groups receiving HHS grant money could be given waivers allowing them to circumvent nondiscrimination provisions protecting same-sex or non-Christian couples."
Trump's HHS defended its discriminatory policy, arguing that "when faith-based organizations are permitted to participate consistent with their religious beliefs, there is greater availability of foster care and adoption services and placements."
Biden's HHS agreed to a court order last February that immediately stayed the effective date of the Trump-era rule. HHS reversed the policy in November, contending that the waivers are inconsistent with its "critical goal of combating discrimination based on religion, sexual orientation, and gender identity." The department said at the time that it would assess requests for religious exemptions and modifications of program requirements on a case-by-case basis.
U.S. District Judge Jia M. Cobb's Wednesday ruling restores the nondiscrimination mandate established by the Obama administration, though additional work is needed to ensure that it is enforced.
"Beneficiaries and participants in HHS-funded programs should have the basic expectation that they can access all services and care and do so without facing harm," said Cook, who directs the Youth in Out-Of-Home Care project at Lambda Legal. "This week, the court took an important step on the heels of HHS's acknowledgment of a flawed process that violated important procedural safeguards ensuring that comment by the public is meaningfully considered."
Kristen Miller, senior counsel at Democracy Forward, said that "there was simply no excuse for the Trump administration's unlawful policy sanctioning taxpayer-funded discrimination against people who receive services from HHS grant programs, including youth and families in the child welfare system, youth experiencing homelessness and older adults, among other vulnerable populations."
"While today's victory is a step in the right direction, the Trump-era decision not to enforce the lawful 2016 rule has not yet been reversed," Miller noted. "Lambda Legal and Democracy Forward will continue to challenge the nonenforcement policy until all persons receive the protections of the law."
Kenny Stancil
Kenny Stancil is senior researcher at the Revolving Door Project and a former staff writer for Common Dreams.
A federal district court on Wednesday rescinded a Trump-era policy that prohibited the U.S. Department of Health and Human Services from requiring that service providers in its $500 billion federal grant program not discriminate based on sexual orientation, gender identity, religion, and other characteristics--eliciting praise from social justice advocates.
"There was simply no excuse for the Trump administration's unlawful policy sanctioning taxpayer-funded discrimination."
The ruling stems from a lawsuit filed in February 2021 by Democracy Forward and Lambda Legal, along with pro-bono co-counsel Cravath, Swaine, and Moore, LLP, on behalf of Facing Foster Care in Alaska, Family Equality, True Colors United, and Services and Advocacy for GLBT Elders (SAGE).
"We are thrilled that the court has removed the continuing threat the presence of the discriminatory Trump-era rule posed to some of the most vulnerable members of society, including LGBTQ+ children, seniors, and people with low income, who rely on federally funded programs to meet their basic needs," Currey Cook, senior counsel at Lambda Legal, said in a statement.
In their complaint, plaintiffs argued that a regulatory rollback carried out shortly before former President Donald Trump left office last January subjected people who receive services from HHS grant-funded programs to "unlawful discrimination."
Roughly one week before President Joe Biden was inaugurated, the Trump administration finalized an illegal rule eliminating protections developed under former President Barack Obama in 2016 that barred discrimination on the basis of "age, disability, sex, race, color, national origin, religion, gender identity, or sexual orientation."
"Under the revised rule," The Hill reported, "entities like faith-based foster groups receiving HHS grant money could be given waivers allowing them to circumvent nondiscrimination provisions protecting same-sex or non-Christian couples."
Trump's HHS defended its discriminatory policy, arguing that "when faith-based organizations are permitted to participate consistent with their religious beliefs, there is greater availability of foster care and adoption services and placements."
Biden's HHS agreed to a court order last February that immediately stayed the effective date of the Trump-era rule. HHS reversed the policy in November, contending that the waivers are inconsistent with its "critical goal of combating discrimination based on religion, sexual orientation, and gender identity." The department said at the time that it would assess requests for religious exemptions and modifications of program requirements on a case-by-case basis.
U.S. District Judge Jia M. Cobb's Wednesday ruling restores the nondiscrimination mandate established by the Obama administration, though additional work is needed to ensure that it is enforced.
"Beneficiaries and participants in HHS-funded programs should have the basic expectation that they can access all services and care and do so without facing harm," said Cook, who directs the Youth in Out-Of-Home Care project at Lambda Legal. "This week, the court took an important step on the heels of HHS's acknowledgment of a flawed process that violated important procedural safeguards ensuring that comment by the public is meaningfully considered."
Kristen Miller, senior counsel at Democracy Forward, said that "there was simply no excuse for the Trump administration's unlawful policy sanctioning taxpayer-funded discrimination against people who receive services from HHS grant programs, including youth and families in the child welfare system, youth experiencing homelessness and older adults, among other vulnerable populations."
"While today's victory is a step in the right direction, the Trump-era decision not to enforce the lawful 2016 rule has not yet been reversed," Miller noted. "Lambda Legal and Democracy Forward will continue to challenge the nonenforcement policy until all persons receive the protections of the law."
We've had enough. The 1% own and operate the corporate media. They are doing everything they can to defend the status quo, squash dissent and protect the wealthy and the powerful. The Common Dreams media model is different. We cover the news that matters to the 99%. Our mission? To inform. To inspire. To ignite change for the common good. How? Nonprofit. Independent. Reader-supported. Free to read. Free to republish. Free to share. With no advertising. No paywalls. No selling of your data. Thousands of small donations fund our newsroom and allow us to continue publishing. Can you chip in? We can't do it without you. Thank you.