Skip to content
Center for Reproductive Rights
Center for Reproductive Rights

Primary Menu

  • About
    • Overview
    • The Center’s Impact
    • Center Leadership & Staff
    • Annual Reports
    • Corporate Engagement
    • Diversity, Equity and Inclusion
    • Careers
    • Contact Us
  • Work
    • Overview
    • Litigation
    • Legal Policy and Advocacy
    • Resources & Research
    • Recent Case Highlights
    • Landmark Cases
    • Cases Archive
    • World’s Abortion Laws Map
    • After Roe Fell: Abortion Laws by State
  • Issues
    • Overview
    • Abortion
    • Adolescent Sexual and Reproductive Health and Rights
    • Assisted Reproduction
    • Contraception
    • Humanitarian Settings
    • Maternal Health
    • COVID-19
  • Regions
    • Overview
    • Global Advocacy
    • Africa
    • Asia
    • Europe
    • Latin America and the Caribbean
    • United States
  • News
    • Latest News
    • Stories
    • Events
    • Center in the Spotlight
    • Press Releases
    • Statements
    • Press Room
    • Newsletters
  • Resources
    • Resources & Research
    • U.S. Abortion Rights: Resources
    • Maps
    • World Abortion Laws Map
    • After Roe Fell: Abortion Laws by State
    • Repro Red Flags: Agency Watch
  • Act
    • Overview
    • Give
    • Act
    • Learn
  • Donate
    • Become a Monthly Donor
    • Make a Donor Advised Fund Gift
    • Leave a Legacy Gift
    • Donate Gifts of Stock
    • Give a Gift in Honor
    • Attend an Event
    • Employee Matching Gifts
    • Mail a Check
  • Twitter
  • Facebook
  • Instagram
  • YouTube
  • LinkedIn
Donate
icon-hamburger icon-magnifying-glass Donate
icon-magnifying-glass-teal

Civil Rights Groups and the County of Santa Clara Urge Court to Block HHS Denial of Care Rule

Center for Reproductive Rights - Center for Reproductive Rights - search logo
search Close Close icon
Center for Reproductive Rights -
Menu Close Menu Close icon
Donate

Primary Menu

  • About
    • Overview
    • The Center’s Impact
    • Center Leadership & Staff
    • Annual Reports
    • Corporate Engagement
    • Diversity, Equity and Inclusion
    • Careers
    • Contact Us
  • Work
    • Overview
    • Litigation
    • Legal Policy and Advocacy
    • Resources & Research
    • Recent Case Highlights
    • Landmark Cases
    • Cases Archive
    • World’s Abortion Laws Map
    • After Roe Fell: Abortion Laws by State
  • Issues
    • Overview
    • Abortion
    • Adolescent Sexual and Reproductive Health and Rights
    • Assisted Reproduction
    • Contraception
    • Humanitarian Settings
    • Maternal Health
    • COVID-19
  • Regions
    • Overview
    • Global Advocacy
    • Africa
    • Asia
    • Europe
    • Latin America and the Caribbean
    • United States
  • News
    • Latest News
    • Stories
    • Events
    • Center in the Spotlight
    • Press Releases
    • Statements
    • Press Room
    • Newsletters
  • Resources
    • Resources & Research
    • U.S. Abortion Rights: Resources
    • Maps
    • World Abortion Laws Map
    • After Roe Fell: Abortion Laws by State
    • Repro Red Flags: Agency Watch
  • Act
    • Overview
    • Give
    • Act
    • Learn
  • Donate
    • Become a Monthly Donor
    • Make a Donor Advised Fund Gift
    • Leave a Legacy Gift
    • Donate Gifts of Stock
    • Give a Gift in Honor
    • Attend an Event
    • Employee Matching Gifts
    • Mail a Check
  • Twitter
  • Facebook
  • Instagram
  • YouTube
  • LinkedIn

Related Content

Regions:

United States

Work:

In the Courts

Type:

News, Press Releases

Case Archive

For updates on Center cases, explore our case archive here.

Follow the Center

Donate Now

Join Now

10.30.2019

In the Courts United States News

Civil Rights Groups and the County of Santa Clara Urge Court to Block HHS Denial of Care Rule

Justin Goldberg

Share

  • facebook
  • Twitter
  • linkedin
  • Email id
Patients’ Lives at Risk if Trump Administration Rule Goes into Effect Nov. 22

(PRESS RELEASE) – Today, the Center for Reproductive Rights, Americans United for Separation of Church and State, Lambda Legal, and the County of Santa Clara argued before the U.S. District Court for the Northern District of California that the Trump administration’s Denial of Care Rule should be ruled unlawful and blocked from taking effect. The organizations, along with pro bono counsel Mayer Brown LLP, are representing myriad health care providers and medical professionals, as co-plaintiffs with the County, in the lawsuit County of Santa Clara v. HHS.



The Denial of Care Rule, which was issued in May by the U.S. Department of Health and Human Services and is scheduled to take effect next month, invites any health care worker – including doctors, nurses, EMTs, administrators, janitors and clerical staff – to deny medical treatment, information and services to patients because of personal religious or moral beliefs. Health care facilities risk losing essential federal funding if they do not grant employees carte blanche to deny services. Because the rule is confusing and infeasible to implement, many health care facilities will likely be forced to eliminate services such as reproductive and LGBTQ care, leaving millions across the United States without access to critical health care.



Today, the civil rights organizations and the County argued that HHS exceeded its authority and arbitrarily and capriciously failed to consider the rule’s potential harm to patients and the health care system, in violation of the federal Administrative Procedure Act. They also argued that the rule is unconstitutional because it advances specific religious beliefs in violation of the First Amendment; violates patients’ rights to privacy, liberty and equal dignity as guaranteed by the Fifth Amendment; and chills patients’ speech and expression in violation of the First Amendment, all to the detriment of patients’ health and well-being.



“This policy invites unprecedented discrimination against healthcare recipients at hospitals and other healthcare facilities across the country – HHS has said it is acceptable for a receptionist to refuse a patient care or for an EMT to refuse to transport a patient with a life-threatening ectopic pregnancy,” said Genevieve Scott, senior staff attorney at the Center for Reproductive Rights. “What’s more, hospitals and other healthcare facilities throughout the country will likely be coerced into eliminating abortion care, trans care, and other critical services to avoid loss of government funding that they depend upon to keep their doors open.”



“We have less than a month before patients nationwide may be denied care because of someone else’s religious beliefs. This is about health – for ourselves, our children, our grandparents, our communities. No one should be denied medical treatment because of who they are, who they love or what they believe,” said Rachel Laser, president and CEO of Americans United. “The Denial of Care rule violates our nation’s fundamental promise of religious freedom – that we are all free to believe or not believe, so long as we don’t harm others. It is the definition of harming others when you refuse to provide health care to those in need. The court should recognize the danger this rule poses to everyone and block it from ever taking effect.”



“For more than five months this rule has hung over women, LGBTQ people, religious minorities, and other already marginalized and vulnerable populations, threatening at any moment to cut them off from critical and in some cases life-saving care,” Lambda Legal Senior Attorney Jamie Gliksberg said. “Our attorneys today made it transparently clear to the court just how devastating implementation of this rule will be, and we look forward to the court issuing a ruling that the facts overwhelmingly support.”



“The argument today confirms that the rule has no legal or common sense basis and, if implemented, will undermine emergency services and medical care for the County’s nearly 2 million residents,” said James R. Williams, Santa Clara County Counsel. “The Trump Administration is purposefully stoking fear among already vulnerable communities and increasing barriers to critical health care. We are committed to healthcare for all—and that is why we will continue working to ensure this unlawful rule is blocked.”



The lawsuit’s plaintiffs include the County of Santa Clara, which runs an extensive health and hospital system that serves as a safety-net provider for the county’s 1.9 million residents; the health providers Bradbury-Sullivan LGBT Community Center in Allentown, Pa., Center on Halsted in Chicago, Hartford GYN in Connecticut, Los Angeles LGBT Center, Mazzoni Center in Philadelphia, Trust Women Seattle and Whitman-Walker Health in Washington, D.C.; the associations AGLP, GLMA and Medical Students for Choice; and five doctors.



The lawsuit is available here.



###



 



PRESS CONTACTS: Center for Reproductive Rights, Geraldine Henrich-Koenis, 202-524-5538, [email protected] Americans United for Separation of Church and State, Tali lsraeli or Liz Hayes, 202-466-3234, [email protected] Lambda Legal, Tom Warnke, 213-841-4503, [email protected] County of Santa Clara, Alex Butcher-Nesbitt, 603-707-6153, [email protected]



Founded in 1992, the Center for Reproductive Rights is a global legal advocacy organization dedicated to advancing reproductive health and autonomy. The Center’s groundbreaking court cases have expanded access to safe abortion, birth control and maternal healthcare in the U.S. and across the globe.



Americans United for Separation of Church and State is a religious liberty watchdog group based in Washington, D.C. Founded in 1947, the organization educates Americans about the importance of church-state separation in safeguarding religious freedom.



Lambda Legal is a national organization committed to achieving full recognition of the civil rights of lesbians, gay men, bisexuals, transgender people and everyone living with HIV through impact litigation, education and public policy work.



The government of the County of Santa Clara serves a diverse, multi-cultural population of 1.9 million residents – more populous than 14 states. With a $8.1 billion annual budget, dozens of departments and agencies, and over 20,000 employees, the County provides essential services to its residents, including public health protection, environmental stewardship, medical services through the County of Santa Clara Health System, child and adult protection services, homelessness prevention and solutions, roads, park services, libraries, emergency response to disasters, protection of minority communities and those under threat, access to a fair criminal justice system, and many others.



 



 


Related Posts

Azar v. Garza Amicus Brief

Abortion,United States,In the Courts

Complaint: Falls Church Healthcare Center et al. v. Norman Oliver et al.

Abortion,United States,In the Courts

Amicus Brief: State of California et al. v. Alex M. Azar et al.

Other Barriers, Contraception,United States,In the Courts

Sign up for email updates.

The most up-to-date news on reproductive rights, delivered straight to you.

Footer Menu

  • Careers
  • Privacy Policy
  • Gift Acceptance Policy
  • Contact Us

Center for Reproductive Rights
© (1992-2024)

Use of this site signifies agreement with our disclaimer and privacy policy.

Better Business Bureau Charity Watch Top Rated Center for Reproductive Rights
This site uses necessary, analytics and social media cookies to improve your experience and deliver targeted advertising. Click "Options" or click here to learn more and customize your cookie settings, otherwise please click "Accept" to proceed.
OPTIONSACCEPT
Manage consent

Privacy Overview

This website uses cookies to improve your experience while you navigate through the website. Out of these, the cookies that are categorized as necessary are stored on your browser as they are essential for the working of basic functionalities of the website. We also use third-party cookies that help us analyze and understand how you use this website. These cookies will be stored in your browser only with your consent. You also have the option to opt-out of these cookies. But opting out of some of these cookies may affect your browsing experience.
Necessary
Always Enabled
Necessary cookies are absolutely essential for the website to function properly. This category only includes cookies that ensures basic functionalities and security features of the website. These cookies do not store any personal information.
Functional
Functional cookies help to perform certain functionalities like sharing the content of the website on social media platforms, collect feedbacks, and other third-party features.
Performance
Performance cookies are used to understand and analyze the key performance indexes of the website which helps in delivering a better user experience for the visitors.
Analytics
Analytical cookies are used to understand how visitors interact with the website. These cookies help provide information on metrics the number of visitors, bounce rate, traffic source, etc.
CookieDurationDescription
_ga2 yearsThis cookie is installed by Google Analytics. The cookie is used to calculate visitor, session, campaign data and keep track of site usage for the site's analytics report. The cookies store information anonymously and assign a randomly generated number to identify unique visitors.
_gat_UA-6619340-11 minuteNo description
_gid1 dayThis cookie is installed by Google Analytics. The cookie is used to store information of how visitors use a website and helps in creating an analytics report of how the wbsite is doing. The data collected including the number visitors, the source where they have come from, and the pages viisted in an anonymous form.
_parsely_session30 minutesThis cookie is used to track the behavior of a user within the current session.
HotJar: _hjAbsoluteSessionInProgress30 minutesNo description
HotJar: _hjFirstSeen30 minutesNo description
HotJar: _hjid1 yearThis cookie is set by Hotjar. This cookie is set when the customer first lands on a page with the Hotjar script. It is used to persist the random user ID, unique to that site on the browser. This ensures that behavior in subsequent visits to the same site will be attributed to the same user ID.
HotJar: _hjIncludedInPageviewSample2 minutesNo description
HotJar: _hjIncludedInSessionSample2 minutesNo description
HotJar: _hjTLDTestsessionNo description
SSCVER1 year 24 daysThe domain of this cookie is owned by Nielsen. The cookie is used for online advertising by creating user profile based on their preferences.
Advertisement
Advertisement cookies are used to provide visitors with relevant ads and marketing campaigns. These cookies track visitors across websites and collect information to provide customized ads.
CookieDurationDescription
_fbp3 monthsThis cookie is set by Facebook to deliver advertisement when they are on Facebook or a digital platform powered by Facebook advertising after visiting this website.
fr3 monthsThe cookie is set by Facebook to show relevant advertisments to the users and measure and improve the advertisements. The cookie also tracks the behavior of the user across the web on sites that have Facebook pixel or Facebook social plugin.
IDE1 year 24 daysUsed by Google DoubleClick and stores information about how the user uses the website and any other advertisement before visiting the website. This is used to present users with ads that are relevant to them according to the user profile.
IMRID1 year 24 daysThe domain of this cookie is owned by Nielsen. The cookie is used for storing the start and end of the user session for nielsen statistics. It helps in consumer profiling for online advertising.
personalization_id2 yearsThis cookie is set by twitter.com. It is used integrate the sharing features of this social media. It also stores information about how the user uses the website for tracking and targeting.
TDID1 yearThe cookie is set by CloudFare service to store a unique ID to identify a returning users device which then is used for targeted advertising.
test_cookie15 minutesThis cookie is set by doubleclick.net. The purpose of the cookie is to determine if the user's browser supports cookies.
Others
Other uncategorized cookies are those that are being analyzed and have not been classified into a category as yet.
CookieDurationDescription
adEdition1 dayNo description
akaas_MSNBC10 daysNo description
cookielawinfo-checkbox-functional1 yearThe cookie is set by GDPR cookie consent to record the user consent for the cookies in the category "Functional".
cookielawinfo-checkbox-others1 yearNo description
geoEdition1 dayNo description
next-i18next1 yearNo description
SAVE & ACCEPT
Powered by CookieYes Logo
Scroll Up