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Conscience Laws & LGBTQ+ Care

Federal
- 4^th conscience provision of Church Amendments (42 U.S.C. 300a-7(d)):
  - “[n]o individual shall be required to perform or assist in the performance of any part of a health service program or research activity funded in whole or in part under a program administered by [the HHS Department] if his performance or assistance in the performance of such part of such program or activity would be contrary to his religious beliefs or moral convictions. (emphases added)”
- Section 1557: Section 1557 of the ACA prohibits any health care provider that receives federal funding from refusing to treat an individual – or to otherwise discriminate against the individual – based on race, color, national origin, sex, age or disability. Originally, this applied regardless of whether a conscience objection arose. Essentially, you can object to a procedure as a whole, however you cannot object to a procedure based on the identity of the patient receiving it.
State
- Whether LGBTQ+ patients receive anti-discrimination protections varies from state to state. Providers’ conscience objections are federally protected, and in some states can be invoked to refuse treatment to LGBTQ+ patients if treating these patients conflicts with their religious or moral beliefs. Visit Movement Advancement Project Non-Discrimination Laws for more detailed state-by-state information.
- Example: in Dignity Health v. Minton, a California court ruled that the health care facility discriminated against a transgender patient by refusing care on the basis of his gender.