Move Comes During Height of First Wave of Pandemic

Roger Severino, a Christian right activist who heads the U.S. Dept. of Health and Human Services’s Office for Civil Rights is one step closer to his own personal goal of removing protections for LGBTQ patients, a move that would allow discrimination based on gender and sexual orientation.

Under Severino’s leadership the Trump administration has been moving quickly toward the final stages of dismantling critical protections for LGBTQ patients, Politico reports. The Dept. of Health and Human Services has sent a draft of its rewrite of an Obama-era policy to the Dept. of Justice for review, a sign it could soon announce the rollback of hard-fought regulations protecting some of the nation’s most vulnerable people.

HHS has been working on re-interpreting and re-writing the nondiscrimination provision of the Patient Protection and Affordable Care Act. The agency’s website currently says Section 1557 of the ACA “prohibits discrimination on the basis of race, color, national origin, sex, age, or disability in certain health programs or activities.”

“Advocates fear that it would allow hospitals and health workers to more easily discriminate against patients based on their gender or sexual orientation,” Politico reports, noting the provision “also offered specific protections for transgender patients for the first time and extended protections for women who had abortions.”

Severino has been called a “radical” anti-LGBTQ religious right activist. He previously served as CEO and counsel for the Becket Fund for Religious Liberty, a religious right non-profit that opposes separation of church and state. He also once served as the Director of the DeVos family’s Center for Religion and Civil Society in the Institute for Family, Community, and Opportunity.

Late last year a federal judge voided a rule Severino had implemented allowing medical providers to cite their personal religious or moral beliefs as a reason to refuse to provide care to certain individuals or to perform certain procedures. It would have allowed doctors and other health care professionals to refuse to perform or participate in abortions, prescribe or deliver contraception, or provide care to and LGBTQ person.

Severino is also tied to the Trump administration’s efforts to ban same-sex couples and LGBTQ people from adoption services.

Severino has long sought to gut ObamaCare’s LGBTQ protections. Before coming to the Trump administration Severino co-authored a Heritage Foundation report claiming new proposed ObamaCare nondiscrimination provisions “threaten the religious liberty, freedom of conscience, and independent medical judgment of health care professionals.”