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Senators to HHS – Stop Forcing Employees to Deny Biological Reality

The Health and Human Services Department (HHS) mandates that its employees deny biological reality or risk being fired. The policy has been in place for over a year without much scrutiny, but this week, a group of senators led by Sen. James Lankford (R-Oklahoma) sent a letter to HHS Secretary Xavier Becerra, demanding that the policy be rescinded.

HHS, the taxpayer-funded agency tasked with promoting the health and well-being of Americans, is forcing its employees to deny biological reality or else risk being fired. In an email sent to staff in October of 2023, the agency unveiled its HHS Gender Identity Non-Discrimination and Inclusion Guidance. The guidance “makes clear that all employees should be addressed by the names and pronouns they use to describe themselves.”  Any “intentional and repeated use of an incorrect name or pronoun (or both) could, in certain circumstances, contribute to an unlawful hostile work environment,” subject to harassment claims.

But the policy goes far beyond addressing the pronoun question. The guidance’s policy not only permits people to use any single-sex space of their choice with no requirement of “providing proof of gender-affirming surgeries or other medical procedures.” But if other employees are uncomfortable with sharing these spaces, which include restrooms, locker rooms, and lactation rooms, with a member of the opposite sex, the concerned employees will be directed to use other facilities, because the self-identifying “employees will not be barred from using the restroom consistent with their gender identity.”

The announcement came as part of the agency’s recognition of “National Coming Out Day,” a day they have separated to celebrate those who identify as some part of the LGBTQ+ community. It stated that this new policy would “ensure that HHS continues being a welcoming, supportive environment where all employees feel safe and seen…” The irony is that this is no longer true for anyone who refuses to deny biological reality, to use incorrect pronouns, or share bathrooms with the opposite sex. HHS employees holding on to truth are not able to be fully transparent about their beliefs in the workplace. They must be “in the closet” if they want to remain in good standing with the agency. The rights of those who believe in the false religion of gender ideology are more important than the rights of those who strive for honesty and truth, even when based on their own deeply held religious convictions.

That is why Sen. Lankford, alongside Sens. Jim Risch (R-Idaho), Mike Lee (R-Utah), Marco Rubio (R-Florida), Steve Daines (R-Montana), and Ted Cruz (R-Texas), sent a letter to Sec. Becerra this past week calling on him to rescind the discriminatory policy. The letter states that “the Guidance denies science, compels speech, jeopardizes the ability of federal employees to practice their faith without fear of retaliation, endangers women, and further erodes the American people’s trust in public institutions.”

Though HHS says that improper pronoun use creates a hostile work environment, the letter points out that allowing men into women’s restrooms does so to a far greater degree. Forcing a woman to be exposed to fully intact male anatomy is far more uncomfortable than using someone’s proper pronouns. It also notes the absurd inclusion of “lactation rooms” as those spaces available to anyone of any sexual identity. Men have no use for a breastfeeding room, whether or not they identify as a woman.

The senators also emphasize the notable lack of religious accommodations in the guidance regarding pronoun use. This in spite of a list of “long-standing Supreme Court precedents on compelled speech, reaffirmed as recently as 303 Creative v Elenis.” Forcing employees to violate their sincerely held religious beliefs for the sake of someone else’s gender confusion is yet another way that this policy creates, rather than prevents, a hostile work environment.

In addition to asking Becerra to rescind the guidance, the letter also asks several clarifying questions.  Among them are questions such as whether an employee’s refusal to use preferred name or pronouns is considered “derogatory remarks or demeaning behavior” worthy of immediate action, as suggested by the guidance and just how many HHS employees have faced employment consequences for not adhering to this policy. The letter also asks about the “LGBTQI+ Committee” set up by the guidance – what is it, who is on it, how is it funded, and in what sorts of activities will it be involved?

This is only the latest example of HHS’ radicalism under Sec. Becerra forcing radical gender ideology onto both its employees and the Americans whose taxes fund the agency. Earlier this year, Becerra confirmed that private insurance companies, and doctors under its plans, are being forced to cover transgender surgeries and abortion-related services.

Under the current administration, the agency meant to oversee health in America has been weaponized against anyone who believes that men and women are created uniquely and immutably by God. We are thankful for legislators like Sen. Lankford who are willing to stand for truth and reality. But as November approaches, this is also a stark reminder that elections have far-reaching consequences. While no one votes for each cabinet secretary, we do vote for the man (or woman) who appoints them. As America heads to the polls this season, please consider not only the name at the top of the ticket, but those they will select for key positions.