Bioethics Public Policy Report: February 3, 2026
State by State
The Virginia General Assembly passed two constitutional amendments: one that would guarantee a “fundamental right to reproductive freedom,” including contraception and abortion, and another that would prohibit denial of marriage licenses “on the basis of the sex, gender, or race of” the parties. The two amendments are likely to be voted on by referendum in November. The Catholic bishops of Virginia issued a statement in opposition to the abortion amendment. To read the bishops’ statement, click here. For further information, click here.
Nevada, Idaho, and Oregon are also considering ballot proposals that could enshrine abortion in their respective state constitutions. Missouri, on the other hand, has a ballot proposal in place that, if passed by the electorate in November, would repeal the state constitutional guarantee of abortion that passed in 2024. A Montana ballot proposal that would have guaranteed the personhood of the unborn failed to pass the state legislature by the requisite number of votes to be put to a referendum. For further information, click here.
Federal Courts
Twelve states are suing the U.S. Department of Health and Human Services (HHS) for the Trump administration’s move to defund states that allow transgender procedures to be performed on minors. The states specifically allege that HHS exceeded its authority and overstepped Congress’s spending power. For further information, click here.
The State of New York finally settled a case with the Diocese of Albany and several other religious groups, after almost ten years of litigation, agreeing not to attempt to force them to provide abortion coverage in their healthcare plans. The settlement comes after the U.S. Supreme Court’s decision in favor of Catholic Charities in a similar legal battle for religious status. The NCBC filed an amicus brief in support of the Diocese of Albany, which can be found here. To read the settlement, click here. For further information, click here.
A federal lawsuit against the Trump administration by the American Civil Liberties Union was dropped after HHS quietly restored funding to Planned Parenthood. Some analysts have said that the reason was because the administration felt that it was certain to lose the court battle under federal law. For further information, click here.
The U.S. Food and Drug Administration has asked a federal court to pause Louisiana’s federal lawsuit seeking to enjoin the Biden-era rule that allowed the chemical abortion drug mifepristone to be mailed across state lines without an in-person prescription. The reason given was to allow the FDA time to continue its review of the safety of mifepristone, which might obviate the need for judicial intervention. The FDA promised to inform the court of any changes to the current regulations within 14 days, if the motion is granted. For further information, click here.
A Catholic couple in Massachusetts is in federal court challenging the state’s foster care policies that exclude them from adoption because of their beliefs on gender and sexuality. Previously, Massachusetts had claimed that it had relaxed its policy to allow religious families to adopt, but it has since continued to prevent families with traditional views on human sexuality to adopt, despite the lack of homes to welcome children in the foster care system. For further information, click here.
National
Congress remains deadlocked on abortion coverage under the Affordable Care Act, with Republicans refusing to move forward unless the Hyde Amendment is honored. For further information, click here.
The Becket Fund released its seventh annual Religious Freedom Index, highlighting that public displays of faith are on the rise, that religious freedom has a unifying effect on the nation, and that Americans generally support the rights of parents to educate their children in their faith. To see the report, click here.
At the March for Life, Vice President J.D. Vance, among others, spoke at the rally in advance of the March. Vice President Vance spoke of the Trump administration’s expansion of the Mexico City policy, which restricts foreign aid to groups supporting abortion, to groups that also support gender ideology. For further information, click here.
HHS issued a Notice of Violation against Illinois for violating the Weldon and Coates-Snowe Amendments, two federal healthcare conscience protections. Specifically, the Notice of Violation took aim at the Illinois Health Care Right of Conscience Act, which requires healthcare providers to perform abortion referrals, even if they have an objection of conscience. To read the Notice of Violation, click here. For further information, click here.
Action was taken on several pro-life bills in advance of the March for Life, such as HR 6945, which would allow federal grant funds, including Temporary Assistance for Needy Families funds, to be given to pro-life pregnancy centers, and HR 6359, which would require colleges receiving federal funding to provide information about carrying a pregnancy to term without giving up their education. For further information, including hyperlinks to track the many bills, click here.
HHS called for public comment to reverse the previous administration’s interpretation of the Americans with Disabilities Act, which attempted to classify “gender dysphoria” as a disability. The NCBC joined with colleague agencies advocating for a clarification, noting the threats to religious liberty for those unwilling to participate in sex-rejecting interventions. To read the NCBC’s public comment, click here. To see the proposed rule, click here.
International
In France, the Catholic bishops issued a statement condemning the proposed euthanasia bill, stating, “We do not care for life by giving death.” The bishops called for increased funding for palliative care, instead, and warned of dangers for Catholic healthcare providers. The bill was also condemned at the Paris March for Life, which drew 10,000 people. For further information, click here and here.
A case has reached the European Court of Human Rights that contends that religious symbols in a courtroom infringe upon the right to a fair trial, per Article 6 and Article 9 of the European Convention on Human Rights. Alliance Defending Freedom International filed a third-party intervention backing Greece, which displays icons in its courtrooms, pointing out that the Court of Human Rights has consistently affirmed the rights of states to display their cultural and religious heritage. For further information, click here.
Over 250 doctors sent an open letter to the Welsh Senedd asking them to reject the United Kingdom Parliament’s assisted suicide bill, urging instead that improvements be made to palliative care. The NCBC filed a public comment to Parliament, urging it to reject the bill. To see the NCBC’s public comment, click here. For further information, click here.
Of Note
Pope Leo XIV made several statements regarding artificial intelligence and fake news in digital media. He warned that artificial intelligence has the potential to “erode our ability to think analytically and creatively, to understand meaning and distinguish between syntax and semantics” and encouraged a return to “matters of the heart, the centrality of good relationships, and the ability to connect with others without excluding anyone.” He reiterated the dangers of social media as potentially causing confusion as to the truth in reporting the news. For further information, click here, here and here.
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