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Letter to the Hon. Norris Cochran, Acting Secretary of Health and Human Services - Maloney, Co-Chair of the House Equality Caucus, Urges HHS to Reverse Anti-LGBTQ Trump Administration Rule

Letter

Date: March 4, 2021
Location: Washington, DC
Issues: Minors and Children Entitlements and the Safety Net Sexual Orientation and Gender Identity Government Budget and Spending Housing and Property

Dear Secretary Cochran,

As you know, a week before the end of his presidency, the Trump administration finalized an unlawful and dangerous rule that would end nondiscrimination protections within social service programs. If this rule were to go into effect, it would eliminate critical protections preventing providers from discriminating on the basis of sexual orientation and gender identity when providing Department of Health and Human Services (HHS) grant-funded services. The rule also included language essentially ignoring the Supreme Court's marriage equality decisions.

The Trump administration's sanctioning of taxpayer-funded intolerance against people who receive services from HHS grant programs, including youth and families in the child welfare system, youth experiencing homelessness, and elder Americans, is reprehensible. Upon the rule's initial proposal, over 100 members of Congress called for its withdrawal to halt a harmful disruption to children, adults, and families across the country. Under the shameful practices perpetuated by the Trump administration, a federally-funded foster care agency could refuse to place children with a married same-sex couple or a transgender teen could be turned away at an HHS-funded shelter. During these unprecedented times we should be finding ways to support our citizens, not discriminating against them under the guise of religious liberty.

In response to a lawsuit filed by foster youth groups as well as LGBTQ advocacy organizations, HHS agreed to a court order that immediately stayed the effective date of this anti-LGBTQ rule. The effective date was extended by 180 days to August 2021 giving HHS time to reverse the rule.

We applaud the Biden-Harris administration for hitting pause on this harmful Trump-era rule, and it is our sincere hope that your agency will move forward expeditiously to ensure that all persons receive equal treatment under the law. Congress looks forward to working with you to make that a reality.

Sincerely,


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