Bioethics Public Policy Report: October 10, 2023
NATIONAL
The Department of Homeland Security has awarded the “Sexual Minority Youth Assistance League” (SMYAL) a $530,000 Targeted Violence and Terrorism Prevention grant. Some of SMYAL’s activities include distributing condoms to minors and programs open to LGBT individuals aged 13–24, actively seeking to keep parents away from their children. For further information, click here.
Congressman Chip Roy, R-TX, has introduced a bill to the House of Representatives to repeal the FACE Act, noting that “Biden’s Department of Justice has brazenly weaponized the FACE Act against normal, everyday Americans across the political spectrum, simply because they are pro-life.” Other representatives cosponsoring the bill include Chris Smith of New Jersey, Bob Good of Virginia, Andrew Clyde of Georgia, Jim Banks of Indiana, Anna Paulina Luna of Florida, and Doug Lamborn of Colorado. For further information, click here.
The Department of Health and Human Services has announced a proposal to change the regulatory language eliminating “mother” and “father” and other “gendered language” from regulations regarding childcare. The Department cited that such a measure would be “advancing equity for all, including members of the LGBTQI+ communities.” It cited compliance with the Respect for Marriage Act. For further information, click here.
Department of Education Secretary Miguel Cardona blasted “people that are misbehaving in public and then acting as if they know what’s right for kids.” He also said, “There’s a team that’s fighting for kids and there’s a team that’s fighting against kids.” The comments seemed to be aimed at parents concerned about schools promoting pornographic, LGBT content. For further information, click here.
Attorney General Merrick Garland was grilled September 20 on his anti-Catholic and pro-abortion bias during congressional hearings. When Rep. Van Drew (R-NJ) asked whether traditional Catholics were extremists, the Attorney General first expressed indignation, saying, “The idea that someone with my family background would discriminate against any religion is so outrageous, is so absurd,” until finally stating, “Catholics are not extremists.” When asked by Senator Hawley (R-MO) whether and how many undercover agents there were in Catholic churches, Garland responded, “I don’t know and I don’t believe we have any informants aimed at Catholic churches.” For further information click here or here.
Federal Courts
President Biden’s Department of Justice is appealing the decision of the Fifth Circuit Court of Appeals, which restricted the use and availability of the abortifacient mifepristone, however it did retain the FDA authorization of the drug. It remains to be seen whether the Supreme Court will grant certiorari. For further information, click here.
The Eighth Circuit ruled in favor of Parents Defending Education on September 29. Reversing the district court, the Eight Circuit struck down Linn-Mar Community School District’s policy allowing underaged students to make independent decisions about their gender identity, prohibiting school officials from informing parents of such decisions and punishing other students with expulsion for failure to “respect a student’s gender identity” or for “misgendering.” The Court noted that the policy “lacked clarity” and was, therefore, too vague to be enforced. For further information, click here.
STATE BY STATE
Legislative
The California Assembly passed a bill on September 8 along party lines, 57-16, requiring that family courts examine as a relevant factor whether the parent affirms their child’s “gender identity or gender expression” in child custody cases. Several Democrat Assemblymen did not vote on the bill. An identical bill passed in the Senate on September 6. The bill is vague about what is meant by “gender affirmation,” but says, “[I[n every case [it] must promote the child’s overall health and well-being.” For further information, click here.
Governor Gavin Newsom of California vetoed the abovementioned bill in a break with the California legislature. In his veto, he explained that courts are already required to consider whether a parent affirms the child’s gender identity. He warned that the legislative and executive branches ought to refrain from interfering in the judicial processes of the courts by devising legal standards. He also said that “other-minded elected officials . . . could very well use this strategy to diminish the civil rights of vulnerable communities,” while expressing his appreciation of the enthusiasm of the legislature. For further information, click here.
A transgender clinic at Washington University in St. Louis has halted giving puberty blockers to new patients who are children because of a Missouri law which went into effect at the end of August. The law prevents transgender clinics from taking underaged patients who were not receiving “gender-affirming care” by August 28. It also creates a cause of action for patients who received puberty blockers as minors, with a minimum liability of $500,000. For further information, click here.
North Carolina passed a law on September 22 to remove barriers to a State program for tuition assistance for students attending private schools, becoming the tenth state to pass such a universal school choice bill. The bill is expected to increase accessibility to Catholic schools in the State. For further information, click here.
Judicial
The Colorado Court of Appeals has ruled to protect the privacy of persons who requested that public libraries remove sexually explicit books. On October 5, the Court said in its opinion, “We perceive no persuasive argument that the library’s objective assessment of the requests or the public good would be enhanced by revealing the identity of the requesters.” The requesters are not party to the lawsuit, which is between a library official and a reporter. For further information, click here. To read the opinion, click here.
Catholic nurses have sued the State of Colorado in order to continue their abortion reversal ministry. Colorado’s legislature passed a law prohibiting abortion pill reversal treatments, calling it “deceptive” and “unprofessional conduct.” They are suing on First Amendment grounds, namely on the free exercise of their religion as Catholics and free speech bases. They risk loss of their licenses, financial penalties, and loss of malpractice insurance if the law takes effect on them. Their treatment works through the administration of progesterone following the use of mifepristone but before the use of misoprostol. For further information, click here.
A Sedgwick County judge signed a temporary restraining order forcing the Diocese of Wichita to cancel its annual Mass for Life outside of an abortion clinic, citing that more than one-third of the affected property owners objected to the Mass. The restraining order was signed the day before the Mass for Life was to take place, and, so, the diocese instead held a public rosary outside of the same abortion clinic. The diocese is unsure when it will appeal the decision. For further information, click here.
An Oklahoma federal judge declined to block the SAFE Act, a law prohibiting gender transition for minors. Opponents claimed that it violated Fourteenth Amendment Due Process and Equal Protection. However, the judge ruled that the classification was constitutional under Equal Protection because it was made on the basis of age, not sex. Further, the judge found no violation of Due Process, finding that the asserted right “to seek appropriate medical care for their minor children” was too vague to be interpreted as encompassing gender transition. For further information, click here.
Religious Liberty
Pope Francis called for a day of fasting and prayer on October 27, 2023, in response to the ongoing conflict in Gaza. The Holy Father said that he “invite[s] sisters and brothers of the various Christian denominations, those belonging to other religions, and all those who have at heart the cause of peace in the world, to join in as they see fit.” He further said, “I urge believers to take just one side in this conflict: that of peace. But not in words — in prayer, with total dedication.” Pope Francis’s statements come as the official death toll of the conflict had reached 4,200, with 1 million displaced by October 18. For further information, click here.
international
Pope Francis called for a day of fasting and prayer on October 27, 2023, in response to the ongoing conflict in Gaza. The Holy Father said that he “invite[s] sisters and brothers of the various Christian denominations, those belonging to other religions, and all those who have at heart the cause of peace in the world, to join in as they see fit.” He further said, “I urge believers to take just one side in this conflict: that of peace. But not in words — in prayer, with total dedication.” Pope Francis’s statements come as the official death toll of the conflict had reached 4,200, with 1 million displaced by October 18. For further information, click here.
Catholic Resources
Catholic ministry Behold Your Child, originally started in the Archdiocese of Dubuque, is in the beginning stages of starting work in the Archdiocese of Denver. Behold Your Child is a bereavement ministry that helps couples coping with miscarriage, still-birth, infant/child loss, and fatal perinatal diagnosis. For further information, click here. To see Behold Your Child’s website for the Archdiocese of Denver, click here.
Of Note
Catholic ministry Behold Your Child, originally started in the Archdiocese of Dubuque, is in the beginning stages of starting work in the Archdiocese of Denver. Behold Your Child is a bereavement ministry that helps couples coping with miscarriage, still-birth, infant/child loss, and fatal perinatal diagnosis. For further information, click here. To see Behold Your Child’s website for the Archdiocese of Denver, click here.
Sharing the Resources: If you enjoy receiving the NCBC’s Public Policy Report and would like to support its continued publication, please consider making a donation to the NCBC.
The National Catholic Bioethics Center website is a significant resource for bioethics information. NCBC bioethicists are also on call for consultation twenty-four hours a day, seven days a week, at 215-877-2660.
Justin Corman
Justin Corman is a guest editor at the NCBC, and a student at Ave Maria School of Law.