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

Trendingnow

1

Farm groups saved Bayer in court over RoundUp cancer claims. Five days later, Bayer called for tariffs on the ingredient farmers rely on

2

U.S. Treasury has borrowed $155 billion every month of this fiscal year—and is now paying $24 billion a week in interest on its debts

3

Billionaire MacKenzie Scott just donated $20 million to support America’s youth mental health, as a fifth of teens struggle with suicidal thoughts

1

Farm groups saved Bayer in court over RoundUp cancer claims. Five days later, Bayer called for tariffs on the ingredient farmers rely on

2

U.S. Treasury has borrowed $155 billion every month of this fiscal year—and is now paying $24 billion a week in interest on its debts

3

Billionaire MacKenzie Scott just donated $20 million to support America’s youth mental health, as a fifth of teens struggle with suicidal thoughts
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
Add Fortune on Google for similar content.

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
Add Fortune on Google for similar content.

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

m
Commentarymedicine
America’s bone health is quietly headed for a $19 billion crisis
By Matthew T. DrakeJuly 9, 2026
2 days ago
t
CommentaryEducation
AI is about to disrupt millions of jobs. A century ago, America’s answer was to build a new high school
By Tim KnowlesJuly 8, 2026
3 days ago
amit
CommentaryVenture Capital
Physical AI’s $50 trillion opportunity requires long-term conviction, but the payoff is huge 
By Amit ChaturvedyJuly 8, 2026
3 days ago
heat
Commentaryclimate change
McKinsey Global Institute: Climate planning has prioritized floods. Heat demands equal attention
By Sylvain Johansson, Mekala Krishnan, Kanmani Chockalingam and Annabel FarrJuly 7, 2026
4 days ago
j
CommentaryEducation
AI didn’t break higher education—It exposed the credential trap
By Jason BenedictJuly 7, 2026
4 days ago
e
CommentaryEntrepreneurship
I skipped college and founded a company at 18. Several exits later, this is what I learned
By Eric FranciaJuly 7, 2026
4 days ago

Most Popular

Farm groups saved Bayer in court over RoundUp cancer claims. Five days later, Bayer called for tariffs on the ingredient farmers rely on
Economy
Farm groups saved Bayer in court over RoundUp cancer claims. Five days later, Bayer called for tariffs on the ingredient farmers rely on
By Mia OsmonbekovJuly 9, 2026
1 day ago
U.S. Treasury has borrowed $155 billion every month of this fiscal year—and is now paying $24 billion a week in interest on its debts
Economy
U.S. Treasury has borrowed $155 billion every month of this fiscal year—and is now paying $24 billion a week in interest on its debts
By Eleanor PringleJuly 10, 2026
14 hours ago
Billionaire MacKenzie Scott just donated $20 million to support America’s youth mental health, as a fifth of teens struggle with suicidal thoughts
Success
Billionaire MacKenzie Scott just donated $20 million to support America’s youth mental health, as a fifth of teens struggle with suicidal thoughts
By Emma BurleighJuly 9, 2026
1 day ago
Top Iranian officials admitted to the supreme leader that the U.S. naval blockade was crushing the economy, report says, as Trump eyes reimposing it
Middle East
Top Iranian officials admitted to the supreme leader that the U.S. naval blockade was crushing the economy, report says, as Trump eyes reimposing it
By Jason MaJuly 10, 2026
8 hours ago
Self-made multimillionaire says Canadians 'give no money away' compared with Americans—research shows U.S. giving is more than twice as high
Success
Self-made multimillionaire says Canadians 'give no money away' compared with Americans—research shows U.S. giving is more than twice as high
By Preston ForeJuly 9, 2026
1 day ago
Wyoming officials say Meta’s 715,000-square-foot data center is responsible for contaminating its water system with a rare bacterium
Environment
Wyoming officials say Meta’s 715,000-square-foot data center is responsible for contaminating its water system with a rare bacterium
By Sasha RogelbergJuly 10, 2026
10 hours 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.