NJCC Opposes Proposed Rule on Non-Discrimination in Health Programs and Activities

                                                                                        September 29, 2022
PUBLIC COMMENT

Re: Department of Health and Human Services
Docket ID: HHS-OS-2022-0012
Non-Discrimination in Health Programs and Activities

The New Jersey Catholic Conference, which represents New Jersey’s six Catholic dioceses, respectfully submits the following comments on the proposed rule, published in 87 Fed. Reg. 47824 (Aug. 4, 2022) on non-discrimination in health programs and activities.

The New Jersey Catholic Conference strongly opposes this proposed rule.

With the help of service-oriented workers, Catholic hospitals, nursing homes, and assisted living facilities have provided quality, life-affirming healthcare to all people regardless of race, gender, religion, ethnic background, or financial status for centuries. In New Jersey alone there are more than 44 Catholic healthcare facilities and 3.5 million registered Catholics (44% of the population in NJ, second highest in the country), many of whom are healthcare workers. These hospitals and healthcare services exist to serve the most vulnerable and marginalized members of society because of the Church’s deeply held bona fide religious belief that all human life is sacred.

The United States has a long tradition of protecting the right to religious liberty. If this rule goes into effect, healthcare workers, regardless of moral convictions, religious beliefs, or medical expertise, would be compelled to participate in procedures such as abortions and gender affirmation surgeries or face the risk of discrimination charges and potential job loss. Many of these workers, and those who serve Catholic agencies in every aspect of social service, chose their profession because Catholic Social Teaching mandates human beings are fulfilled in community and family and have a responsibility to participate in society to promote the common good. Obligating them to participate in these procedures would contradict that long tradition and violate the Free Exercise Clause of the First Amendment of the United States Constitution.  

More than ever, our hospitals must remain strong and vibrant, and their workers must remain protected under the Free Exercise Clause. A failure to do so could force even more healthcare workers from the medical profession, which is already facing a talent shortage from COVID. This shortage is compounded by a critical deficiency of quality, affordable medical care in communities across New Jersey and the nation. It is confounding that HHS would risk an even greater deterioration of our healthcare infrastructure by coercing workers to participate in procedures that fundamentally violate their religious beliefs.  

For these reasons, we urge HHS to reconsider this proposed rule for the good of patients and healthcare workers.