Lankford Continues Push to Safeguard Conscience Rights of Health Care Workers

WASHINGTON, DC – Senator James Lankford (R-OK) introduced the Conscience Protection Act to protect health care providers and insurance plans from government discrimination if they decline to participate in abortions. The Conscience Protection Act provides enforcement for existing conscience laws by providing a private right of action for victims of conscience discrimination. 

“When conscience protections aren’t enforced, health care workers are forced to decide if they should lose their job or violate their beliefs by performing an abortion. Many health care professionals went into their careers to protect life, not take life. Doctors and nurses should never have to make the choice between their career and their conscience. The Conscience Protection Act defends health care workers and empowers them to stand by convictions as they care for their community,” said Lankford.

Lankford first introduced the Conscience Protection Act in 2019 and again in 2021 and 2024.  He spoke on the Senate floor after Democrats blocked his bill to protect all Americans’ conscience rights.

Lankford is joined on the bill by Senators Kevin Cramer (R-ND), Mike Rounds (R-SD), Jim Risch (R-ID), Cynthia Lummis (R-WY), Steve Daines (R-MT), Cindy Hyde-Smith (R-MS), Ted Budd (R-NC), Josh Hawley (R-MO), Todd Young (R-IN), Pete Ricketts (R-NE), Joni Ernst (R-IA), Deb Fischer (R-NE), Mike Lee (R-UT), Jim Banks (R-IN), and Mike Crapo (R-ID). Representative August Plfuger (R-TX) is leading the legislation in the House of Representatives.

This legislation is also supported by Susan B. Anthony Pro-Life America, Students for Life, American Association of Pro-Life Obstetricians and Gynecologists Action, Alliance Defending Freedom, Eagle Forum, National Right to Life Committee, First Liberty Institute, CatholicVote, Concerned Women for America Legislative Action Committee, and March for Life.

Background

Congress has enacted more than 25 laws to protect conscience rights for individuals who have a religious or moral objection to performing certain medical procedures, including abortion. Yet, courts have consistently declined to find that these laws provide a “private right of action” for an individual to commence litigation to defend their right of conscience—thereby leaving victims of conscience discrimination unable to defend their rights in court. Currently, if a health care worker refuses to provide abortions, the only recourse available is to file a complaint with the Department of Health and Human Services (HHS) Office for Civil Rights (OCR). 

In 2014, California required that health plans must cover abortions, which forced religious employers to offer plans that violate their religious beliefs. In December 2014, under the Obama Administration, HHS opened an investigation. Despite the then-current laws protecting conscience rights, in June 2016, HHS declared that California could force all its health plans to cover elective abortions, which President Biden’s nominee for HHS Secretary has advocated for and enforced as Attorney General of California.

During the first Trump Administration, several landmark actions were taken to enforce current law and protect conscience: (1) created the Conscience and Religious Freedom Division, (2) partnered with the Department of Justice to notice and enforce conscience violations in Vermont and California, resulting in the disallowance of $200 million per quarter from the state due to former Attorney General Becerra’s refusal to comply with the law, and (3) issued the final rule “Protecting Statutory Conscience Rights In Health Care” to enforce existing statutory protections, which Lankford supported. Unfortunately, a federal court vacated the conscience rule in November 2019. Litigation on the final rule continued at the Second Circuit in New York v. HHS, and seventy-eight Members of Congress filed an amicus brief led by Senator Lankford in the case.

In response to the Biden Administration’s proposed rule that would insufficiently enforce conscience protections for medical professionals, Lankford led his colleagues in filing a public comment letter demanding greater implementation and enforcement of all of the statutory conscience protections enacted by Congress, as reflected in the previous rule issued under the Trump Administration. 

This week, President Trump’s Department of Health and Human Services (HHS) announced it is initiating a compliance review under the Church Amendments, which is central to the legislation. This key development pairs perfectly with the Conscience Protection Act and underscores the need for further action to protect conscience rights.

You can read the exclusive in the Daily Signal HERE, and can read the full text of the Conscience Protection Act HERE.

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