Catholic employers not required to cover ‘gender transitions,’ federal court rules

The more than 9,000 Catholic employers that are part of the Catholic Benefits Association (CBA) do not need to cover “gender transition” services in their health insurance plans, contrary to a Biden administration mandate, a federal court ruled June 5.

The CBA, an advocacy organization that provides health benefits services, legal assistance, and business ethics guidance, explained in a June 9 news release that the Department of Health and Human Services (HHS) and the US Equal Employment Opportunity Commission (EEOC) had interpreted the Civil Rights Act and the Affordable Care Act to require religious organizations to cover “gender transitions.” 

Members of the CBA that provide medical care, such as Catholic hospitals, were required to perform “gender transition” procedures as well.

However, the US District Court for the District of North Dakota’s Eastern Division issued a permanent injunction against the mandate, ordering the EEOC and HHS to respect the CBA’s religious beliefs.

The CBA had also asked the court for protection from being required to cover abortions or fertility treatments like in-vitro fertilization, as the organization feared that the mandate also included such provisions. Martin Nussbaum, general counsel for the CBA, told CatholicVote June 10 that the court did not find that the mandate included those requirements, and therefore denied that portion of the CBA’s request.

According to the release, the HHS and EEOC had opposed a religious exemption from covering or providing “gender transition” procedures for the entire organization, arguing that CBA members should apply for individual religious exemptions. The court tossed their argument out, protecting both members’ and the CBA’s religious freedom rights. 

“It then permanently enjoined both EEOC and HHS from interpreting or enforcing the Civil Rights Act or the Affordable Care Act against the dioceses, parishes, Catholic hospitals and colleges, Catholic Charities, and Catholic-owned business that make up the Catholic Benefits Association,” the CBA stated.

According to the CBA, the ruling was the culmination of nine years of litigation. It is also the first case in the nation to secure a permanent injunction against the mandates.

Nancy Matthews, a CBA board member, celebrated the win in the release.

“This is still America, and religious freedom matters,” she said. “Thank goodness for judges who recognize this.”

CBA CEO Doug Wilson stated in the release that the legal win is the organization’s fifth court victory. CatholicVote previously reported that the CBA won another case in April after a federal judge ruled that the EEOC could not require the organization to accommodate abortion and IVF. The same case also protected the CBA from having to use preferred pronouns and allowing employees to use single-sex bathrooms that do not correspond with their true sex.

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