NEWS NOTES: Peru, Britain, Poland, Virginia

News NotesHere are some items that might be of interest:

  1. In the heavily Catholic nation of Peru, a recent rise in progressive activism for LGBT equality was recently met with conservative groups organizing a “March for Heterosexual Pride,” according to an article on Towelroad.comSimilarly, in protest to a new sex education and gender equality curriculum, a new group called “Don’t Mess With My Children.”  The group opposes what they call “gender ideology,” a term favored by many Catholic conservative bishops and Pope Francis.

2. The British Medical Association’s new set of staff guidelines encourages employees not to use the term “expectant mothers,” but instead should refer to “pregnant people,” according to The Telegraph. The purpose of the terminology change is to not offend transgender and intersex men who can or have been pregnant.  Bishop Philip Egan, the Roman Catholic bishop of Portsmouth, England, predicted that the new terminology would cause “great confusion and harm.”

3. Poland’s President Andrzej Duda said that he did not think the predominantly Catholic nation would accept a change in the Constitution to allow for same-sex marriage, according to TheNews.pl. Duda, a member of the ruling Law and Justice party, which promotes traditional Polish values, family and Catholic traditions, stated in an interview: “I do not think that the political majority today would agree to any amendment to the Constitution in this area, water down this clause and open interpretation that marriage could also include other genders.”  Poland is one of seven nations in the 28-member European Union which bans same-sex marriage, and one of six nations in the federation which does not allow civil unions.

4. The Senate of the Commonwealth of Virginia, in the U.S.A., has approved a religious liberty bill that would prevent the government from punishing religious organizations which do not allow for same-sex marriage, according to The Christian Times.  The state’s House of Delegates also approved a similar bill.  Both bills appear to be in response to the executive order issued by Governor Terry McAuliffe, a Catholic, that prohibits state contracts from being given to organizations which do not have an anti-discrimination policy protecting sexual orientation and gender identity.  The Virginia Catholic Conference called the two bills “top priority” legislation.

–Francis DeBernardo, New Ways Ministry, February 19, 2017

New Ways Ministry’s Eighth National Symposium, Justice and Mercy Shall Kiss: LGBT Catholics in the Age of Pope Francis, is scheduled for April 28-30, 2017, Chicago, Illinois. Plenary speakers:  Lisa Fullam, Leslie Griffin, Rev. Bryan Massingale, Frank Mugisha. Prayer leaders:  Bishop Thomas Gumbleton, Bishop John Stowe, OFM, Conv.  Pre-Symposium Retreat Leader:  Sr. Simone Campbell, SSS.  For more information and to register, visit www.Symposium2017.org.

 

 

Under Trump, Will Transgender Lives Matter for Catholic Hospitals?

With the Affordable Care Act (ACA) under siege by the new U.S. president, many people in the U.S. are worried about changes in their healthcare, especially LGBT communities for whom access to competent and affordable healthcare can sometimes be more problematic than for most people.

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Jionni Conforti

Of concern to Catholics is the unclear position that church leaders and church-affiliated providers will take towards LGBT people in this unfolding situation. A closer look into one transgender man’s experience with a Catholic hospital reveals just what is at stake in the coming months.

Bondings 2.0 reported last month about the lawsuit filed by Jionni Conforti against St. Joseph’s Regional Medical Center in New Jersey. You can read an initial report by clicking here. The suit alleges that the hospital refused to perform a hysterectomy which was a “medically necessary as part of [Conforti’s] gender transition.” Conforti’s lawyer, Omar Gonzalez-Pagan of Lambda Legal, told the progressive media outlet Rewire:

“‘For them to say, in writing, we’re not going to do this service, or provide the ability to have these facilities available for this service, because it has to do with your gender identity, and it has to do with the medical treatment for your gender dysphoria, really is discrimination at its core. . .And for them to use religion as an excuse for this discrimination, I think, is something that cannot be accepted.'”

Conforti said the alleged discrimination has been especially painful because St. Joseph’s was his “neighborhood hospital,” where family members have been treated and “where I feel comfortable.” For this reason, though he underwent the hysterectomy elsewhere, Conforti remains troubled:

“[He said,]’My main concern right now is that I still live in Totowa and I’ve lived here my entire life, so in the event of an emergency, the only place that an ambulance would take me is to St. Joseph’s. . .And, you know, I worry that, God forbid something happened, what would I do, how would I be treated? So it’s a constant fear.’

“In October 2016, that fear partly came true. Conforti was in a car accident in Wayne, New Jersey, and suffered minor injuries. The emergency service technicians recommended he get emergency care, but said they could only take him to the two St. Joseph’s locations nearby. If he wanted to go elsewhere, he would have to hire a private ambulance. Afraid to seek care from St. Joseph’s, Conforti instead asked his wife to drive him about 25 minutes away, to another hospital in Montclair, New Jersey.”

Sadly, Conforti’s circumstances are not unique. Many trans people cannot access competent and affordable healthcare, or may even avoid healthcare fearful of discrimination. Rewire cited data from the National Center for Transgender Equality that reveals “23 percent of trans people avoided going to the doctor because they feared discrimination; one-third of respondents had at least one negative experience with their provider, including having to educate the provider on trans people in order to receive appropriate care.”

The Affordable Care Act of 2010 helped to improve healthcare for trans communities, especiallly since Section 1557 established non-discrimination protections based on sex, a class that was interpreted by the Obama administration to include gender identity. It is unclear whether such protections would still hold if the ACA is repealed and replaced by an as yet uknown program devised by Republican legislators.  Even if the ACA is not repealed, it is uncertain whether the Trump administration will interpret the non-discrimination protections in the same way as the Obama administration did.

Even if the ACA and its non-discrimination protections remain in place, will religiously-affiliated providers be allowed to discriminate under existing or even expanded exemptions? St. Joseph’s cited the U.S. Conference of Catholic Bishops’ “Ethical and Religious Directives for Catholic Health Care Services” to justify its refusal to provide care for Conforti, guidelines which dictate care for “one in six hospital beds nationwide,” according to Rewire.

Just two weeks after Inauguration Day, efforts to repeal the ACA are well underway. There are more questions than answers about what comes next. But church leaders and Catholic providers do not have to wait and see what happens nationally. They can decide right now to provide high-quality, lifesaving care for LGBT patients.

Catholic hospitals and health systems can choose freely to adopt non-discrimination protections inclusive of gender and sexual minorities. They can train providers to be informed about the unique health needs of LGBT patients, and to provide additional services and programs that may be required. The complexities of law, ethics, and institutional bureaucracies are real, but there is wisdom, too, in Conforti’s statement:

“If there is a procedure that is medically necessary, there should be no question whether or not they will do it. . .No one should be rejected or denied care, especially just for being who you are.'”

Nothing in church teaching restricts more inclusive policies and practices from being enacted in church-affiliated healthcare. Indeed, the Catholic identity so often cited to deny care to patients like Jionni Conforti is the very mandate for why such actions must be now taken. With LGBT communities under attack, this is a moment in history for Catholic hospitals to state decisively that transgender lives, and the lives of all LGBT people matter immensely.

And if inspiration is needed, Catholics can look to St. Vincent’s Hospital in New York City which, in 1973, adopted a non-discrimination policy inclusive of sexual orientation.

To get started on an LGBT-inclusive nondiscrimination policy at your Catholic parish, school, hospital, or social service agency, contact New Ways Ministry at info@newwaysministry.org or (301) 277-5674. You can also find more information on making this change here.

Robert Shine, New Ways Ministry, February 6, 2017

 

Jesuit Priest Speaks Out for Canadian Transgender Equality Bill

A Jesuit priest in Toronto, Canada, has emerged as an important voice in support of a national bill for transgender equality.

Fr. Gilles Mongeau, SJ

Fr. Gilles Mongeau, SJ, associate professor of systematic theology at Regis College, Toronto, has spoken out in favor of bill C-16 which would include gender identity and expressions as protected categories in Canada’s  Human Rights Act.  According to an article in America magazine, Fr. Mongeau stated:

“To the extent that it seeks to protect the quest of trans people to be themselves in a safe environment, Bill C-16 is something to be applauded by Christians.”

Mongeau has worked with Our Lady of Lourdes parish, situated in the gay neighborhood of Toronto.  The parish hosts a program called “All Inclusive Ministries,” which hosts a weekly Mass for the LGBT community, among other programs.

The Jesuit priest acknowledges that biological sex and gender may be more complex phenomena than simple physical characteristics.  He follows his brother Jesuit, Pope Francis, in describing church outreach to transgender people, saying:

“We must begin from the fact that the church, at this time, has no official teaching about gender identity or trans persons.”

“[Mongeau] underlines the need to, as Pope Francis suggests, accompany real people in real situations. For his part, though the Holy Father has been critical of ‘gender theory,’ he has been sensitive to preferred pronouns in the context of real encounter. That is reflected in his comments about a letter he received from a transgender man: ‘He who was a she, but is a he,’ the pope said.”

The question about pronoun usage reveals a more important question about our understanding of transgender people as human beings, Mongeau noted:

“The question of pronouns cannot be separated from the real lives of people. Asking these questions in the abstract is part of the problem we are facing because it makes it possible to evoke the image or idea that trans people somehow serve an agenda of attacking the moral fiber of society or serve an anti-Christian agenda. Trans people, in my experience, are trying to live healthy, productive and (sometimes) spiritually fruitful lives.”

In the America article, the need for equal civil protections for transgender people was expressed by Janice Towndrow, a Christian transgender woman from Toronto:

“I used to wish I had cancer because when you have cancer all the family rallies around you. But when you’re trans, you don’t have family, they kick you out.

‘It is very difficult,’ she says, even ‘comparable to biblical times,’ when lepers were shunned by the community. ‘You’re distanced; you’re pulled from your family; you’re cast out of the community. So you don’t see your children anymore. If you had a job, you probably don’t have it anymore.’ “

Janice Towndrow

And she noted how important it is for Christian churches to support transgender people and Bill c-16:

“Christian support for Bill C-16 would make a huge difference for transgender people looking to lead healthy spiritual lives, who are often alienated by communities of faith. As Ms. Towndrow explains, ‘I think somewhere along the line, everyone [in the transgender community] turns their back on the church because the church has turned its back on them.”

The bill passed Canada’s House of Commons in December, by a vote of 248-40, and is now being sent to the Senate.

While opponents of the bill continue to make their voices heard, we can thank God for courageous Catholic leaders like Fr. Mongeau and for communities like Our Lady of Lourdes parish for showing their public support for transgender equality.

–Francis DeBernardo, New Ways Ministry, January 31, 2017

 

As LGBT Protections Overturned, Transgender Patient Claims Discrimination by Catholic Hospital

A transgender man has filed a discrimination lawsuit against a Catholic hospital just at the same time that a federal judge blocked new healthcare policies implemented by President Barack Obama to protect LGBT people.

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Jionni Conforti

In a lawsuit, Jionni Conforti claimed that St. Joseph’s Regional Medical Center in Paterson, New Jersey denied him a surgery which was “medically necessary as part of his gender transition,” reported ABC News.

A nurse initially told Conforti the surgery would be scheduled. Then Fr. Martin Rooney, the director of mission services at St. Joseph’s, intervened against it. He said in an email to Conforti’s doctor that a hysterectomy was not possible due to the institution’s religious identity. ABC News reported the especially troubling fact that the surgery had been denied “despite the fact that the hospital’s ‘patient bill of rights’ guarantees medical services without discrimination based on ‘gender identity or expression.'” Neither the hospital nor Fr. Rooney will comment on the incident and subsequent lawsuit.

Conforti, however, is clear about both the damage this alleged discrimination has caused and his reasons for suing, saying:

“‘I felt completely disrespected as a person. . .That’s not how any hospital should treat any person regardless of who they are. A hospital is a place where you should feel safe and taken care of. Instead I felt like I was rejected and humiliated.'”

The lawsuit, which beyond financial compensation hopes “to require the hospital perform any needed medical care for transgender patients,” helps to contribute to the important work of combating endemic problems related to trans people accessing healthcare. ABC News explained:

“While he had the procedure performed three months later at a different hospital, Conforti said he’s pursuing the lawsuit so that no one else has to go through what he did. . .[he] cites the problem of suicide in the transgender community.

” ‘Anything can trigger that. Something may seem small, but to a trans person, it’s not. . .This is a big thing that happened. I want it to change. I don’t want other trans people to have to go through and feel what I felt.'”

Conforti’s story has come to light just as policies initiated by the federal Department of Health and Human Services (HHS) to protect LGBT patients have been blocked by a federal judge. This ruling by U.S. District Judge Reed O’Connor may mean more trans patients face discrimination by religiously-affiliated hospitals.

Religious groups had filed lawsuits against the federal government over the HHS regulations which, congruent with the Affordable Care Act, prohibit discrimination based on a number of protected classes, including gender identity. Buzzfeed News reported:

“O’Connor, the same judge who blocked federal government protections allowing students in public schools to use restrooms consistent with their gender identity last year, halted enforcement of the rule one day before it was supposed to go into effect, on January 1, 2017. . .

“One plaintiff in the lawsuit, a private hospital system called the Franciscan Alliance, said that, consistent with the teachings of the Catholic Church, ‘a person’s sex is ascertained biologically, and not by one’s beliefs, desires, or feelings.’

“The hospital group argued that treating or referring patients for transition-related care would constitute ‘impermissible material cooperation with evil.'”

The plaintiffs, which include Christian organizations and several states, claimed the regulation infringes upon their religious liberty as it does not include a religious exemption from providing healthcare required by transgender people, which the plaintiffs claimed violate their religious beliefs. Yet, according to new standards of care and the American Psychiatric Association’s new 2012 diagnosis of gender dysphoria, providing gender-affirming surgeries, hormone treatments, and counseling is increasingly understood to be valid and necessary medical care.

Catholic plaintiffs who are part of the several lawsuits against the HHS regulation have included the Catholic Benefits Association (CBA), the Diocese of Fargo, Catholic Charities North Dakota, the University of St. Mary, the Sisters of Mercy in North Dakota, and SMP Healthcare.

As I noted earlier this week, Catholic healthcare leaders’ opposition to non-discrimination protections are entirely out of step with Catholic teaching. Healthcare in church teaching is not only a good, it is a human right. Pope John XXIII’s 1963 encyclical Pacem in Terris was groundbreaking in human rights advocacy for his affirmation of this truth.

St. Vincent’s Hospital in New York City strongly affirmed this truth when it implemented a non-discrimination policy to protect lesbian and gay people  in 1973, becoming the first Catholic institution to do so. Such protections are good, but they are meaningless if, as with St. Joseph’s Regional Medical Center, they are merely words. Catholic healthcare systems should stop fighting legal protections and instead proactively implement policies by which they will abide that live out the first rule of medicine: do no harm.

–Robert Shine, New Ways Ministry, January 6, 2017

 

 

Catholics in India Help Found New School for Transgender Students

Catholic ministers in India recently formed a group to offer pastoral care for transgender people, reported ucanews.com, and they are already making an impact by helping to found a new school for trans students.

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Attendees, including Catholic religious, at the opening ceremony for Sahaj International School

Clergy, religious, and lay people in the Indian state of Kerala have joined together to establish “one of the few outreach programs for the transgender community by the institutional church in India.”

According to Fr. Paul Madassey, head of the Kerala Catholic Bishops’ Council’s Pro-Life Support ministry, under which the transgender initiative is carried out, transgender people in the state are particularly vulnerable. Sex traffickers in northern India prey on trans people who are discriminated against and economically disadvantaged.

Fr. Madassey explained that the transgender initiative had been inspired by Pope Francis’ call to accompany the LGBT community and that “the whole church has a big role to play” in providing such pastoral support.

One project by the group has been helping found a new school inclusive of trans people called Sahaj International School. It opened last week with ten students seeking their high school certificate. Catch News explained further:

“Led by six [transgender people] from TransIndia Foundation with activist Vijayaraja Mallika at the helm, the school promises to provide residential facilities for a short period, free textbooks, gender neutral toilets, a meal for those in need, and tuition to pass Class X and XII. . .

“Mallika says that zir [a gender-neutral possessive pronoun] efforts are focused on introducing inclusive education. . .[Mallika said] ‘We are providing them a safe space for security and sustainable education.'”

The need for such a school is immense. Of the estimated 25,000 trans people in the state of Kerala, 57% did not complete a high school education, according to Mallika. There are also issues of social discrimination, family rejection, and derogatory language.

Mallika, who previously worked on transgender pastoral care with the Archdiocese of Bombay, said the church has been “very supportive” and that “[r]eligion plays an important role in social and behavioral change at the grass-roots level.” The church’s role in the school was instrumental, according to ucanews.com:

“In mid-December, Sisters of the Congregation of Mother Carmel offered their buildings to form an exclusive school for dropouts among transgender people, considered the first of its kind in the country.

“The nuns offered their venue after at least 50 building owners declined to let out their buildings, indicating the discrimination prevalent in the society, says Father Madassey.”

This work in Kerala comes quickly after Caritas India, the official development agency of the nation’s bishops, announced it would be initiating more transgender-inclusive policies and outreach programs. Though Caritas India’s approach is not perfect, the announcement of the program is a key moment for the global church.

The Catholic Church in India is widely respected for charitable efforts, despite Catholics being less than two percent of the nation’s population. The church has been a positive voice for LGBT communities, too, as when Bombay’s Cardinal Oswald Gracias twice spoke against the criminalization of gay people. In an exclusive interview with Bondings 2.0, Gracias said that the church embraces, wants, and needs LGBT people. Virginia Saldanha, an Indian lay woman who formerly led the Office of Laity for the Federation of Asian Bishops’ Conferences, said the 2015 Synod on the Family needed to bring LGBT “in from the cold.

Earlier this week, I suggested that findings from the 2015 U.S. Transgender Survey were a helpful pastoral examination for all Catholics about our awareness of and advocacy for trans equality in the church. These efforts in India are helpful models, too, for how the church can and should be responding to the urgent pastoral needs of trans communities — and how we can become more receptive of the gifts and contributions which trans Catholics are making to our church’s mission.

–Robert Shine, New Ways Ministry, January 5, 2017

 

Transgender Survey Can Be a Pastoral Examination for Catholics

New findings from the U.S. Transgender Survey offer key insights which can help religious communities’ respond to trans people. In an essay for Sojourners magazine, Austen Hartke, who is a writer, speaker, and creator of the YouTube series “Transgender and Christian,” highlights seven such insights, and many of them are applicable to the Catholic Church.

Austen Hartke

The Survey, conducted in 2015 by the National Center for Transgender Equality, includes input from almost 28,000 people. While the survey covered topics other than religion, Hartke noted there were seven religion questions, and they all deserve some reflection by churches.  I hope to show how the issues raised can be applied to specifically Catholic settings.

First, 66 percent of those surveyed “said that they had been part of a faith community at some point in their life,” wrote Hartke. Yet just 19 percent had been part of a faith community in the last year. In Catholic circles, trans issues are often dealt with as an external matter such as legal and political questions. These Survey numbers should be a wake-up call for Catholics to recognize the existing presence and contributions of faithful trans Catholics in church communities.

Second, nearly 20 percent of those surveyed in a religious community “have left because they were actively rejected.”   Hartke commented:

“Many trans folks stay, despite poor treatment and even spiritual abuse, because, as for many of us, the church is their family. Still, it’s difficult to stay where you’re not wanted. Nearly one in five trans people decides it’s better to leave, and we lose their presence, their spiritual gifts, and their unique perspectives and experiences. Once again, people of color experience this rejection more frequently, and larger numbers of Native and black trans people report leaving their faith communities.”

Some church institutions and officials, sadly, have adopted a very hostile and exclusionary posture towards trans people and their civil rights. Catholic dioceses and insurance plans have opposed transgender rights. The recent lawsuit against healthcare non-discrimination protections or the resistance to President Barack Obama’s education policies to protect trans students are examples. A Catholic school in New Jersey rejected a trans student, and it is reported that the University of Notre Dame denied housing to a trans student. These troubling incidents are coupled with less public incidents in which church ministers fail, due to ignorance and/or ideology, to provide adequate and healthy pastoral care for transgender persons and their families.

Third, given the reality of rejection in faith communities, trans people’s intense fears about such rejection are easily understandable. 39 percent have left a religious community because of fear of rejection. Taken together with those who have been directly rejected, nearly 60 percent of those surveyed who have religious beliefs have subsequently severed ties to a faith community over the issue of being rejected. Hartke wrote:

“It’s hard to worship when you’re constantly watching your back. Trans people in churches that are non-affirming or that haven’t taken a stand on LGBTQ+ inclusion often have to pray with one eye open, wondering if and when they’ll be outed, and what consequences they’ll have to face for trying to understand the identity God gave them.”

In the Catholic Church, this rejection is reinforced by an ill-informed yet quite outspoken hierarchy. A leading Vatican official has said transgender rights are “demonic,” and bishops worldwide have echoed these sentiments in less abrasive terms. Pope Francis’ record on gender identity is mixed: he met with and spoke approvingly of a transgender man from Spain while at the same time repeatedly condemning “gender ideology” and “ideological colonization.”

But the Survey findings also provide sources of hope where religious communities have been more faithful to Jesus’ inclusive model by welcoming and affirming trans people. Of the 60 percent who have left a religious community because of rejection, Hartke wrote, “42 percent of the transgender folks who have been rejected by a faith community have found a new one that welcomes them as they are.”

In addition, churches which offer a vocal welcome to trans people are living up to their public commitment. 96 percent of trans people in faith communities “said that they had experienced some form of affirmation,” and Hartke continued, “this statistic shows us that Christians are more than capable of bringing the Good News to people in ways that they can actually experience as good news.”

Some Catholics are already working hard to foster greater inclusion for and affirmation of trans people. Fr. Bryan Massingale has written movingly about why the church cannot abandon transgender people. A Catholic high school in San Francisco said a teacher who transitioned would remain employed. Theologians have exhorted the church to provide pastoral care and support promoting the wholeness of trans people, while not treating them with pity. Caritas India, the official development agency of that nation’s bishops launched an outreach program to trans people. More and more resources for Catholic affirmation of trans people are being developed. And there are many more positive examples, which you can find in our “Transgender” category by clicking here.

The 2015 U.S. Transgender Survey offers unprecedented information about trans experiences. It reveals, to quote Vatican II, the “joys and hopes, griefs and anxieties” of trans people.  Vatican II also advised that such human feelings are therefore the joys and hopes, griefs and anxieties of the People of God. Catholics can consider the Survey’s findings and what they reveal about religious communities as a kind of pastoral examination to begin the new year.

Where are you personally when it comes to knowledge about and acceptance of trans people? What has your parish or school done, or not done, to further inclusion? How can you make the coming year a time of growth around gender identity issues in your life and the life of the church?

To start, you can check out this resource page compiled by New Ways Ministry. We also welcome your thoughts and ideas in the “Comments” section below.

–Robert Shine, New Ways Ministry, January 3, 2016

Lawsuit Filed by Catholic Groups Against Federal Transgender Protections

Three Catholic organizations are suing the U.S. federal government over a regulation that went into effect yesterday which expands anti-discrimination laws to protect LGBT people further.

Headquarters of US Department of Health and Human ServicesA new Department of Health and Human Services’ (HHS) regulation interprets existing regulations banning discrimination based on sex as including sexual orientation and gender identity as protected classes. The regulation stems from the Affordable Care Act, and is rooted in the non-discrimination protections of Title VII of the Civil Rights Act of 1964 and Title IX of the Education Amendments Act of 1972.

According to the National Catholic Reporter, the HHS regulation “requires group health plans to cover these procedures and services” related to gender transitions and counseling for gender identity questions. The regulation applies to any group health plans, insurers, and hospitals who receive federal funding and does not include a religious exemption.

Three Catholic groups — the Catholic Benefits Association (CBA), the Diocese of Fargo, and Catholic Charities North Dakota — are now claiming the regulation violates religious liberty protections found elsewhere in federal law. The CBA offers insurance and employment benefits to church workers in Catholic dioceses, education, healthcare, and religious life.

Bishop John T. Folda of Fargo said that while the church does not discriminate based on a person’s “orientation,” Catholic values “will not permit us to pay for or facilitate actions that are contrary to our faith.” Archbishop William Lori of Baltimore, who is not only the head of the U.S. bishops’ committee on religious liberty but is also chairperson of the CBA, said President Barack Obama’s administration sought to “impose radical new health care mandates . . .creating a moral problem for Catholic employers.”

Two other lawsuits in federal court are challenging the HHS regulation.  They were filed by the Becket Fund, a conservative Catholic legal/political organization. The suits include  Catholic plaintiffs such as the Franciscan Alliance, the Sisters of Mercy in North Dakota, the University of Mary, and SMP Health System. A half dozen states have joined the suits as well.

In a related case, the HHS regulation was invoked in a discrimination lawsuit by a transgender man against the Dignity Health system, which the man alleges denied him gender-confirming surgeries. That lawsuit is ongoing, reported Crux.

But transgender advocates have challenged these claims of religious liberty violations as misguided. Jillian Weiss, director of the Transgender Legal Defense and Education Fund (TLDEF), said the regulation establishes parity in healthcare for trans people. Gay Star News reported:

“‘The only thing a doctor is obliged to do is treat all patients, including trans patients, with dignity and respect and to make treatment decisions free from bias,’ said Ezra Young, staff attorney for the TLDEF, in a statement.

“‘If a doctor has a sound, evidence-based, medical reason to delay transition care for a specific patient, that would be respected under the regulations.'”

Despite contrary claims, the regulation does not force health care providers to deliver services they do not deem medically necessary. It only ensures trans people have equal rights and equal treatment. Sarah Warbelow, legal director of the Human Rights Campaign, explained to PinkNews, “‘What the rule says is if you provide a particular service to anybody, you can’t refuse to provide it to anyone.'”

As with many discussions of LGBT legal rights in the United States, religious opponents of equality have set up a false contrast between LGBT communities and religious institutions. These matters are really about balancing the goods of human dignity, conscience, equal rights, and religious liberty, all of which are affirmed in Catholic teaching. At times, legal action is needed to uphold rights; more often, a collaborative approach could advance the common good by bringing together different interest groups and finding a beneficial solution for all involved.

The sadder reality about these present lawsuits is that church officials have buttressed their claims with ideas that do not exist in church teaching. There is no prohibition on gender transitions or mental health counseling for LGBT people, whereas non-discrimination protections and equality of persons are well-established doctrine. Despite the claims of some church leaders and right-wing organizations, Catholics in the United States are overwhelmingly supportive of LGBT rights.

It is worth noting, too, that Pope John XXIII’s 1963 encyclical Pacem in Terris was among the first instances where healthcare was named as a human right. Outside the United States, where the nation’s bishops have in recent years waged an ideologically driven attack on the Affordable Care Act, the church has championed expanded access to healthcare. Malta, a very Catholic island nation, passed a transgender rights law which is considered the gold standard in Europe. Historically Catholic nations elsewhere have led the way on transgender and intersex legal rights.

Most tragic is that while U.S. church officials expend their time and resources fighting LGBT rights and claiming that religious liberty is under attack, they neglect almost wholesale the discrimination and violence LGBT people face and the very real threats to religious liberty present in our world today.

–Robert Shine, New Ways Ministry, January 2, 2016