Health Department investigates whether Michigan violated federal religious conscience protection laws

The Department of Health and Human Services (HHS) initiated an investigation into Michigan to determine whether the state violated federal religious conscience protection laws. The agency, headed by Robert Kennedy Jr., communicated this through a statement.

The Office for Civil Rights (OCR) accused Gretchen Whitmer of firing a medical professional for exercising her federally protected right of conscience.

In this case, a Michigan hospital system employee was reportedly fired for refusing to use a patient's preferred pronouns and assisting in "sex-feature modification" procedures. If the termination was for the reasons cited by HHS, this would violate Title 42 of the U.S. Code, specifically the personal objection and nondiscrimination clauses.

"OCR is committed to enforcing Federal conscience laws in health care. Health care workers should be able to practice both their professions and their faith," Paula M. Stannard, OCR director, stated.

Specifically, the cited statutory provisions fall under the Church Amendments, which were passed in the 1970s and protect the right to conscientious objection for health care workers and institutions that receive federal funding.

The Church Amendments were named after Senator Frank Church (D-ID), who pushed them through in the 1970s. They contain a conscientious objection clause and an employment discrimination protection clause. The first dictates that a health professional cannot be compelled to perform or assist procedures such as abortions or sterilizations if they are against his or her religion or moral convictions, as long as the employer receives federal funds.

The second clause indicates that a person cannot be punished for having or not participating in medical procedures contrary to his or her conscience.