Below are seven harmful Biden-era policies that the ERLC filed comments to the Department of Health and Human Services (HHS) in response to a Request for Information on deregulation. In the comments, the ERLC laid out seven different rules implemented under the Biden administration that infringe on the dignity of human life, the freedom of conscience, and the exercise of religion. The ERLC requested HHS rescind these burdensome and harmful regulations consistent with the administration’s pro-life and pro-religious liberty priorities expressed in numerous executive orders.
We urge you to take the necessary steps to remove these burdensome rules and unsound actions that undermine our fundamental freedoms, endanger preborn life, and encourage a rogue view of gender and sexuality that is inconsistent with biblical truth and biological realities.
Brent Leatherwood, ERLC president
These rules included gender transition coverage mandates under the Affordable Care Act, removing conscience rights for healthcare workers, and deeming religious parents with a biblical view of gender and sexuality unfit to foster or adopt children who identify as LGBTQ.
What does it mean to file comments?
HHS sent out a Request for Information (RFI) on deregulation (removing regulations from previous administrations). In the request, HHS asked for groups to flag burdensome and unsound regulations to be rescinded. President Trump has issued several executive orders and memoranda on “deregulation.” He has a goal of rescinding 10 regulations for every 1 new one his administration implements.
Why should these harmful Biden-era policies be rescinded?
The ERLC believes these rules should be rescinded as they are harmful to the protection of life, exercise of religion, and freedom of conscience.
Throughout the duration of the Biden administration, the ERLC filed over 25 public comments in response to proposed rules, agency actions, or guidances that threatened the sanctity of human life, infringed upon religious liberty, promoted a radical view of gender and sexuality, and undermined the inherent dignity of people. Here, we ask that you review and remove these “unnecessary, unlawful, unduly burdensome, or unsound” regulations within the Department of Health and Human Services in accordance with President Trump’s initiative on deregulation.
7 harmful Biden-era policies that should be rescinded
Read the comments filed for a full explanation of the problems with each regulation. Here is a short summary of the problems with each regulation:
- Nondiscrimination in Health Programs and Activities; RIN 0945-AA17: The ERLC strongly objects to the rule interpreting “sex” under Section 1557 of the Affordable Care Act (ACA) to include “sexual orientation and gender identity.” The previous administration’s commitment to advancing a radical gender ideology in our nation’s laws is evident, as several agencies across the executive branch instituted similar rules in response to Executive Order 13988.
- HIPAA Privacy Rule to Support Reproductive Health Care Privacy; RIN 0945-AA20: The ERLC is deeply troubled by the conflation of abortion as healthcare under this rule. The ERLC affirms that God created every person—male and female—in His own image endowed with equal value and dignity. We also affirm that every life is worthy of protection. Life begins at conception and abortion denies precious human lives both personhood and protection.
- Safeguarding the Rights of Conscience as Protected by Federal Statutes; RIN 0945-AA18: We are specifically concerned with the rescission of the explanation of the applicability of and prohibitions of requirements under conscience protection laws, as this weakens understanding and ultimately enforceability of conscience rights. Additionally, we are concerned with the elimination of definitions for critical terms including “assist in the performance,” “discriminate or discrimination,” “health care entity,” and “health service program,” as these terms are crucial for both entities understanding the applicability of the law and for individuals in proving violation of rights.
- Designated Placement Requirements Under Titles IV-E and IV-B for LGBTQI+ Children; RIN 0970-AD03: The ERLC is deeply concerned with the rule as the Department distorts the term “safe and proper” foster care as provided in Titles IV–E and IV–B of the Social Security Act to cultivate a narrative that religious and faith-based providers are unable to provide adequate care for children in foster care who identify as LGBTQ. Not only is this untrue, but such a position is indicative of prejudice against faith-based foster care providers.
- Unaccompanied Children Program Foundational Rule; RIN 0970-AC93: In evaluating this rule, the ERLC has an overarching desire to ensure that unaccompanied children are protected from exploitation and abuse, in keeping with ORR’s duties. Messengers to the Southern Baptist Convention’s annual meeting have urged “our government to take swift and bold action to protect and prevent the exploitation of unaccompanied immigrant children arriving to the United States.”1
In doing so, our churches and members affirmed that a key tenet of our faith includes caring for the vulnerable, including unaccompanied children who arrive at our borders. However, this rule goes beyond ensuring appropriate care is provided to unaccompanied children and contains components that will harm many people serving these children, violate conscience and religious liberty rights, and ultimately hurt the minors who have already experienced deep trauma. - Ensuring Access to Equitable, Affordable, Client-Centered, Quality Family Planning Services; RIN 0937-AA11: The Departments stated intention for the rule is “to revoke the requirements of the 2019 regulations, including removing restrictions on non directive options counseling and referrals for abortion services and eliminating requirements for strict physical and financial separation between abortion-related activities and Title X project activities, thereby reversing the negative public health consequences of the 2019 regulations.” However, it was not just the 2019 regulations that placed limitations on counseling for abortions and the financial separation of abortion-related activities and Title X projects, but federal law and congressional appropriations. Section 1008 of the Public Health Service Act provides that “[n]one of the funds appropriated under this subchapter shall be used in programs where abortion is a method of family planning.” 42 U.S.C. § 300a-6. This provision has been part of Title X since its inception in 1970. In addition to being codified in permanent law, Congress has regularly reiterated the funding prohibition in appropriations for Title X. Thus, both Title X and the appropriations enactments that fund it draw a sharp distinction between family planning and abortion. Congress intended to create “a wall of separation” between family planning and abortion by broadly prohibiting abortion-related activities.
- Partnerships With Faith-Based and Neighborhood Organizations; RIN 1840-AD467, RIN 1601-AB02, RIN 0510-AA008, RIN 0412-AB10, RIN 2501-AD91, RIN 1105-AB64, RIN 1290-AA45, RIN 2900-AR23, RIN 0991-AC13: Though the regulation allows for faith-based organizations to receive federal funding, the ERLC is concerned it infringes on the rights of faith-based organizations in its explicit attempts to separate the designated services offered by faith-based organizations from their various “religious activities.” This creates status-based discrimination against faith-based organizations due to the increased stipulations that they accommodate beneficiaries and adjust their programming.
What else has the ERLC said about these harmful Biden-era policies?
In May 2025, the ERLC also submitted comments highlighting 11 regulations that should be rescinded by the Trump Administration which included the above listed here. This is also consistent with our 4th ask in the Trump transition memo from November 2024.
As Brent Leatherwood says in the attached comments:
We find it incumbent upon our government to promote the things we should value as a society and work toward the common good. We urge you to take the necessary steps to remove these burdensome rules and unsound actions that undermine our fundamental freedoms, endanger preborn life, and encourage a rogue view of gender and sexuality that is inconsistent with biblical truth and biological realities.
