OCR investigating Michigan health system over possible violation of 'Church Amendments'
The HHS Office of Civil Rights (OCR) said it is investigating whether a “major health system” in Michigan violated federal laws that protect individuals against religious discrimination—in deference to their “right of conscience”—a collective series of statutes known as the "Church Amendments."
The agency announced the investigation on Friday, declining to name the health system in question. However, they did provide some details, mainly that the investigation is being conducted on behalf of a healthcare worker within the system who was allegedly terminated for exercising her right to refuse to participate in certain procedures due to a religious exemption.
The Church Amendments protect medical professionals with religious convictions from such scenarios—for example, the abortion of a fetus or the administration of therapies developed using embryonic stem cells.
However, in this case, the issue at hand appears to involve employment policy related to how patients are to be addressed, mainly those with a gender identity that differs from their biological sex.
“The medical professional allegedly requested religious accommodations from certain employment practices, such as practices requiring use of patient pronouns that do not align with the patient’s sex, and from assisting in certain sex trait modification procedures, which she opposed due to her religious beliefs,” the OCR wrote, adding that, if true, it believes the Church Amendments would protect the fired employee.
OCR stated that its probe will determine whether policy at this unnamed health facility allowed for workers to abstain from any compelled-speech rule—in this instance as it pertains to gender identity—based on conflicting moral or religious beliefs held by an individual. The agency said healthcare workers with such objections need to be accommodated under the law.
Further, the reason the healthcare worker was fired will also be a central question of this inquiry, it added.
“The investigation will also examine the specific circumstances pertaining to the medical professional’s allegations that she was fired from the organizational health provider for exercising her religious beliefs,” the OCR wrote.
The third of many
This investigation is part of a stated effort by President Donald Trump’s OCR to protect religious conscience from discrimination, along with race, sex, disability, age, skin color and national origin. The agency said this announcement marks the third investigation into a possible infringement on moral and religious rights in healthcare this year—the implication being that more probes are on the way if health systems don’t comply with federal law.
“OCR is committed to enforcing federal conscience laws in healthcare,” OCR Director Paula M. Stannard said in a statement. “Healthcare workers should be able to practice both their professions and their faith.”
The investigation is in its early stages. However, if litigated, cases like this, which focus on preferred pronouns and gender identity, involve complex and intertwined factors—such as free speech, protected rights for transgender people and employer/employee policy dynamics—that would likely have to be worked out in court.
Chad is an award-winning writer and editor with over 15 years of experience working in media. He has a decade-long professional background in healthcare, working as a writer and in public relations.