On January 8, 2021, the HRC responded to an 11-hour attack by the lame duck Trump-Pence White House on the finalization of an HHS regulation that would have allowed discrimination against LGBTQ people, religious minorities and women.
The rule change took place between the Trump administration’s actions to grant HHS beneficiaries a license to discriminate against LGBTQ people, religious minorities and women:
- In May 2017, the Trump-Pence White House issued an executive order forcing the Justice Department to work agency by agency to create broad exemption regulations allowing faith-based organizations to discriminate against those who disagree with their personal beliefs.
- In January 2019, Trump-Pence’s HHS granted an exemption from federal nondiscrimination requirements to the South Carolina Foster Care Program, which hired a child welfare provider seeking permission to refuse to serve parents in who do not share their religious beliefs, but who wish to continue to receive federal funding to provide these services. South Carolina requested an exemption to allow federal funds to go to a child welfare agency that refused to work with Jews and Catholics who would otherwise be eligible to support children in need.
- This continues a pattern of citing court decisions unrelated to non-discrimination laws to justify withdrawing protection for LGBTQ people and others.
Research consistently shows that LGBTQ young people are overrepresented in the foster care system, as many have been rejected by their families of origin because of their LGBTQ status, and are especially vulnerable to discrimination and abuse during the adoption period. The regulation would have only exacerbated these challenges faced by LGBTQ youth.