Planned Parenthood sues to block U.S. rule that may limit abortions

FILE PHOTO: A sign is pictured at the entrance to a Planned Parenthood building in New York August 31, 2015. REUTERS/Lucas Jackson/File Photo

By Jonathan Stempel

NEW YORK (Reuters) – Planned Parenthood and other nonprofits offering family planning services sued the Trump administration on Tuesday to block a new federal rule letting healthcare workers refuse abortions and other services because of religious or moral objections.

The two lawsuits filed in Manhattan federal court said enforcing the “conscience” rule would encourage discrimination against women, minorities, the poor, the uninsured, and lesbian, gay, bisexual, transgender and queer people by curbing access to legal healthcare procedures, including life-saving treatments.

They also said the rule, issued by the Department of Health and Human Services and scheduled to take effect on July 22, would impose heavy costs on healthcare providers dependent on federal funding, which they could lose by refusing to comply.

The plaintiffs also include Planned Parenthood of Northern New England Inc, the National Family Planning and Reproductive Health Association and Public Health Solutions Inc. The American Civil Liberties Union represents the latter two nonprofits.

“Trust is the cornerstone of the physician-patient relationship,” Leana Wen, president of Planned Parenthood Federation of America, said in a statement. “No one should have to worry if they will get the right care or information because of their providers’ personal beliefs.”

HHS pledged to defend the rule vigorously. Planned Parenthood said the rule might affect more than 613,000 hospitals, health clinics, doctors’ offices and nonprofits.

The lawsuits escalate the legal battles over a rule announced on May 2 by Republican President Donald Trump, who has made expanding religious liberty a priority, in a Rose Garden speech marking the National Day of Prayer.

They were filed after California, New York, New York City, Chicago and 20 other mostly Democratic-controlled or Democratic-leaning states and municipalities sued the government on May 21 over the rule. San Francisco filed its own lawsuit on May 2.

HHS has said the rule protects the rights of workers who might oppose particular procedures, such as sterilizations and assisted suicides.

It has also said the rule requires compliance with roughly 25 federal laws protecting conscience and religious rights, some of which date back decades.

Roger Severino, director of HHS’ Office for Civil Rights, on Tuesday repeated his May 21 statement that the rule “gives life and enforcement tools” to those laws.

The cases are Planned Parenthood Federation of America Inc et al v Azar et al, U.S. District Court, Southern District of New York, No. 19-05433; and National Family Planning and Reproductive Health Association et al v Azar et al in the same court, No. 19-05435.

(Reporting by Jonathan Stempel in New York; Editing by Tom Brown and Richard Chang)

U.S. government creates health division for ‘religious freedom’

By Toni Clarke

WASHINGTON (Reuters) – The U.S. government is seeking to further protect the “conscience and religious freedom” of health workers whose beliefs prevent them from carrying out abortions and other procedures, in an effort likely to please conservative Christian activists and other supporters of President Donald Trump.

The U.S. Department of Health and Human Services said on Thursday it will create a division within its Office of Civil Rights to give it “the focus it needs to more vigorously and effectively enforce existing laws protecting the rights of conscience and religious freedom.”

Healthcare workers, hospitals with religious affiliations, and medical students among others have been “bullied” by the federal government to provide these services despite existing laws on religious and conscience rights, the top HHS official said.

“The federal government has hounded religious hospitals…forcing them to provide services that violate their consciences,” Acting HHS Secretary Eric Hargan said. “Medical students too have learned to do procedures that violate their consciences.”

Politico reported on Wednesday that the department is aiming to give protections for workers who do not want to provide abortions, care for transgender patients seeking to transition, or perform other procedures because of moral or religious grounds.

The move is likely to upset reproductive rights advocates and some Democrats.

The division would enforce the legal protection and conduct compliance reviews, audits and other enforcement actions to ensure that health care providers are allowing workers with religious or moral objections to opt out.

The creation of the division is in accordance with an executive order signed by Trump last May called “Promoting Free Speech and Religious Liberty.” The order was followed by new rules aimed at removing a legal mandate that health insurance provide contraception.

(Additional reporting by Caroline Humer; Editing by Alistair Bell)