• Home
  • Latest
  • Fortune 500
  • Finance
  • Tech
  • Leadership
  • Lifestyle
  • Rankings
  • Multimedia

Trendingnow

1

As CEO of the $96 billion Sam’s Club, Latriece Watkins is testing her mettle at the warehouse retailer that produced CEOs for Walmart, Target, and Walgreens

2

Jeff Bezos wants the bottom half of earners to pay zero income tax—he says nurses making just $75K should save $12K a year

3

As AI slashes white-collar jobs, Salesforce CEO Marc Benioff says almost no one is being hired—except in sales

1

As CEO of the $96 billion Sam’s Club, Latriece Watkins is testing her mettle at the warehouse retailer that produced CEOs for Walmart, Target, and Walgreens

2

Jeff Bezos wants the bottom half of earners to pay zero income tax—he says nurses making just $75K should save $12K a year

3

As AI slashes white-collar jobs, Salesforce CEO Marc Benioff says almost no one is being hired—except in sales
Commentary

Commentary: ‘Religious Liberty’ Is Not an Excuse to Deny Transgender People Medical Care

By
Steve Sanders
Steve Sanders
Down Arrow Button Icon
By
Steve Sanders
Steve Sanders
Down Arrow Button Icon
January 18, 2018, 3:38 PM ET

The Trump administration is developing a policy that would empower health care workers to refuse to participate in abortions or treat transgender patients. According to Politico, the new rules would punish health care organizations that don’t give employees an opportunity to object to treating patients for religious or moral reasons. The Department of Health and Human Services is creating a new division within its Office of Civil Rights to investigate such complaints.

This is a perilous new policy, as it has the potential to impede access to care, insult the dignity of patients, and allow religious beliefs to override mainstream medical science.

Employee religious accommodations are part of American law because they advance values of tolerance and pluralism. But it has always been understood that accommodations must be drawn carefully to avoid unduly burdening an employer or harming the interests of third parties.

For example, under federal law, an employer must make reasonable efforts to accommodate an employee who can’t work on their Sabbath. But the accommodation need not be granted if it would cause the employer more than a minimal hardship. And accommodating one employee’s religious observance does not mean a coworker with seniority can be forced to give up part of their weekend to cover the employer’s staffing needs.

Caution also is necessary with accommodations because often there is no way to differentiate between genuine religious convictions and beliefs that are made up out of convenience. Because religious beliefs are inherently personal and not subject to conventional forms of proof, an employer is usually powerless to question them. And so an employee who merely has a phobia toward transgender people might still claim a “religious” exemption, and the employer would have little choice but to grant it.

A religious exemption for participating in an abortion is more understandable, given that an employee could be forced into performing a procedure that they see as the taking of a life. By contrast, it is unclear what legitimate objection a health care worker could have to treating a transgender person.

Such claims really come down to religious attitudes that say there can be no such thing as a transgender man or woman. As already mentioned, there is no way of proving whether such an attitude comes from legitimate religious belief or simply from an individual employee’s distaste toward transgender people.

Transgender people get colds, backaches, and cancer like everyone else. Will the new policy be so broadly written that a nurse might believe they can refuse to administer chemotherapy drugs to a patient who happens to be trans? Even if that is not the policy’s intent, it is foreseeable that such humiliating incidents could occur.

Transgender people also sometimes require specific care related to gender transition, such as surgeries, hormones, or counseling. Now, if a doctor cannot treat a patient’s condition because they lack the necessary professional competencies, they should not be forced to do so. But the Trump administration is allowing something different than that—for a medical decision to be based on moral animus toward the very existence of transgender people.

There is reason to doubt whether the new Trump policy will carefully balance the interests of all concerned. The new rules appear to be a political reward to the Christian right, part of Trump’s all-important base. They’re being spearheaded by former Heritage Foundation activist Roger Severino, who has long promoted the idea that law must favor religious viewpoints over the rights of LGBTQ people.

Health policy making should not be outsourced to Christian conservatives who deny that a person can medically change their gender identity. It does not matter to these conservatives that gender dysphoria is a recognized diagnosis with established treatment protocols. They believe transition-related medical care can be refused because transgender people are, according to an essay in the religious-conservative journal Public Discourse, an “absurdity,” and “[n]o amount of surgical mutilation of body parts, effeminate behaviors, or artificial female appearances can make a man a woman.”

Trump’s new policy would empower workers to withhold care because they object to a patient’s identity and because such workers believe their religious liberty allows them to denigrate the patient’s very being. Government should not place its authority behind religion when it would require a health care organization to deny someone not only care, but basic human dignity.

Steve Sanders is an associate professor of law at the Indiana University Maurer School of Law.

About the Author
By Steve Sanders
See full bioRight Arrow Button Icon

Latest in Commentary

Finance
Lorem ipsum dolor sit amet, consectetur adipiscing elit, sed do eiusmod tempor incididunt ut labore et dolore magna aliqua. Ut enim ad minim veniam
By Fortune Editors
October 20, 2025
Finance
Lorem ipsum dolor sit amet, consectetur adipiscing elit, sed do eiusmod tempor incididunt ut labore et dolore magna aliqua. Ut enim ad minim veniam
By Fortune Editors
October 20, 2025
Finance
Lorem ipsum dolor sit amet, consectetur adipiscing elit, sed do eiusmod tempor incididunt ut labore et dolore magna aliqua. Ut enim ad minim veniam
By Fortune Editors
October 20, 2025
Finance
Lorem ipsum dolor sit amet, consectetur adipiscing elit, sed do eiusmod tempor incididunt ut labore et dolore magna aliqua. Ut enim ad minim veniam
By Fortune Editors
October 20, 2025
Finance
Lorem ipsum dolor sit amet, consectetur adipiscing elit, sed do eiusmod tempor incididunt ut labore et dolore magna aliqua. Ut enim ad minim veniam
By Fortune Editors
October 20, 2025
Finance
Lorem ipsum dolor sit amet, consectetur adipiscing elit, sed do eiusmod tempor incididunt ut labore et dolore magna aliqua. Ut enim ad minim veniam
By Fortune Editors
October 20, 2025

Most Popular

Finance
Lorem ipsum dolor sit amet, consectetur adipiscing elit, sed do eiusmod tempor incididunt ut labore et dolore magna aliqua. Ut enim ad minim veniam
By Fortune Editors
October 20, 2025
Finance
Lorem ipsum dolor sit amet, consectetur adipiscing elit, sed do eiusmod tempor incididunt ut labore et dolore magna aliqua. Ut enim ad minim veniam
By Fortune Editors
October 20, 2025
Finance
Lorem ipsum dolor sit amet, consectetur adipiscing elit, sed do eiusmod tempor incididunt ut labore et dolore magna aliqua. Ut enim ad minim veniam
By Fortune Editors
October 20, 2025
Finance
Lorem ipsum dolor sit amet, consectetur adipiscing elit, sed do eiusmod tempor incididunt ut labore et dolore magna aliqua. Ut enim ad minim veniam
By Fortune Editors
October 20, 2025
Finance
Lorem ipsum dolor sit amet, consectetur adipiscing elit, sed do eiusmod tempor incididunt ut labore et dolore magna aliqua. Ut enim ad minim veniam
By Fortune Editors
October 20, 2025
Finance
Lorem ipsum dolor sit amet, consectetur adipiscing elit, sed do eiusmod tempor incididunt ut labore et dolore magna aliqua. Ut enim ad minim veniam
By Fortune Editors
October 20, 2025
Fortune Secondary Logo
Rankings
  • 100 Best Companies
  • Fortune 500
  • Global 500
  • Fortune 500 Europe
  • Most Powerful Women
  • World's Most Admired Companies
  • See All Rankings
  • Lists Calendar
Sections
  • Finance
  • Fortune Crypto
  • Features
  • Leadership
  • Health
  • Commentary
  • Success
  • Retail
  • Mpw
  • Tech
  • Lifestyle
  • CEO Initiative
  • Asia
  • Politics
  • Conferences
  • Europe
  • Newsletters
  • Personal Finance
  • Environment
  • Magazine
  • Education
Customer Support
  • Frequently Asked Questions
  • Customer Service Portal
  • Privacy Policy
  • Terms Of Use
  • Single Issues For Purchase
  • International Print
Commercial Services
  • Advertising
  • Fortune Brand Studio
  • Fortune Analytics
  • Fortune Conferences
  • Business Development
  • Group Subscriptions
About Us
  • About Us
  • Press Center
  • Work At Fortune
  • Terms And Conditions
  • Site Map
  • About Us
  • Press Center
  • Work At Fortune
  • Terms And Conditions
  • Site Map
  • Facebook icon
  • Twitter icon
  • LinkedIn icon
  • Instagram icon
  • Pinterest icon

Latest in Commentary

t
CommentaryCoding
Girls Who Code CEO: 70% of teen girls want to work in cybersecurity. We’re losing them before they start
By Tarika BarrettMay 29, 2026
10 hours ago
r
CommentaryLayoffs
Big Tech is laying off developers. My company just hired its first. We’re both right about AI
By Rob CollieMay 29, 2026
10 hours ago
lentz
CommentaryCareers
I built a Fortune 1000 career most people wouldn’t walk away from. Then I did
By Christine LentzMay 29, 2026
11 hours ago
s
CommentaryMarketing
What Schlitz beer can teach us about AI adoption
By Julia Dhar, Kristy R. Ellmer and Philip JamesonMay 29, 2026
11 hours ago
hs
CommentaryVenture Capital
I raised $15 million without VC in one of tech’s most capital-intensive sectors. Here’s what I learned
By Hebron SherMay 29, 2026
13 hours ago
dd
CommentaryCareers
Conference Board: We’ve just hit a peak at job satisfaction. AI threatens to completely ruin that for the unlucky 50%
By Matt Rosenbaum and Allan SchweyerMay 29, 2026
13 hours ago

Most Popular

As CEO of the $96 billion Sam’s Club, Latriece Watkins is testing her mettle at the warehouse retailer that produced CEOs for Walmart, Target, and Walgreens
Magazine
As CEO of the $96 billion Sam’s Club, Latriece Watkins is testing her mettle at the warehouse retailer that produced CEOs for Walmart, Target, and Walgreens
By Emma HinchliffeMay 27, 2026
3 days ago
Jeff Bezos wants the bottom half of earners to pay zero income tax—he says nurses making just $75K should save $12K a year
Success
Jeff Bezos wants the bottom half of earners to pay zero income tax—he says nurses making just $75K should save $12K a year
By Preston ForeMay 21, 2026
8 days ago
As AI slashes white-collar jobs, Salesforce CEO Marc Benioff says almost no one is being hired—except in sales
Success
As AI slashes white-collar jobs, Salesforce CEO Marc Benioff says almost no one is being hired—except in sales
By Emma BurleighMay 28, 2026
1 day ago
The river that supplies 40 million Americans is down to 23% — and about to make a $25 million bet on one fish
Environment
The river that supplies 40 million Americans is down to 23% — and about to make a $25 million bet on one fish
By Dorany Pineda, Brittany Peterson and The Associated PressMay 27, 2026
2 days ago
Current price of oil as of May 28, 2026
Personal Finance
Current price of oil as of May 28, 2026
By Joseph HostetlerMay 28, 2026
1 day ago
Jamie Dimon said the American Dream was slipping away. JPMorgan just put $40 million on the table to fix it
Banking
Jamie Dimon said the American Dream was slipping away. JPMorgan just put $40 million on the table to fix it
By Nick LichtenbergMay 27, 2026
2 days ago

© 2026 Fortune Media IP Limited. All Rights Reserved. Use of this site constitutes acceptance of our Terms of Use and Privacy Policy | CA Notice at Collection and Privacy Notice | Do Not Sell/Share My Personal Information
FORTUNE is a trademark of Fortune Media IP Limited, registered in the U.S. and other countries. FORTUNE may receive compensation for some links to products and services on this website. Offers may be subject to change without notice.