Administration enforcing federal law AGAINST California

The Trump administration is moving to enforce against California the Weldon Amendment, which removes federal funding from states that require all health-insurance plans to cover abortion.

The Department of Health and Human Services has issued a notice of violation against California, HHS Secretary Alex Azar said at the Family Research Council's ProLifeCon Digital Action Summit.

The Weldon Amendment, which has been in every federal HHS appropriations bill since 2005, prohibits federal funds "from going to states that discriminate against any health care entity which does not pay for or provide coverage for abortions."

FRC said that since California's abortion coverage mandate took effect in 2014, numerous churches and religious organizations, including Jack Hibbs's Calvary Chapel Chino Hills, have been forced to cover elective abortion in their health-care plans in direct violation of the Weldon amendment.

Other states have begun imitating California.

FRC President Tony Perkins welcomed the Trump administration's move.

"I applaud President Trump and Secretary Azar for taking this action against California's unlawful and discriminatory abortion mandate," he said. "No person, organization, or healthcare provider should ever be forced by the government to participate in the abhorrent act of abortion."

Perkins said the Trump administration is "continuing its march to protect the freedom to believe and live one's life according to those beliefs without fear of discrimination by the government."

Connor Semelsberger, legislative assistant at Family Research Council, said: "When it comes to enforcing federal conscience protection laws, the comparison between the Obama and Trump administrations is not even close. While the Obama administration failed to enforce the Weldon amendment at all in 2016, the Trump administration has issued at least four notices of violation (two of them against California) through the HHS OCR since taking office, showing just how seriously this administration views its role in protecting conscience rights for all Americans."

Denise Harle, legal counsel at the Alliance Defending Freedom, said: "No one should force a church or any other employer to participate in funding abortion. For years, California's Department of Managed Health Care has demonstrated hostility to churches by forcing them to pay for elective abortions. The agency has unconstitutionally targeted religious organizations, repeatedly collaborated with pro-abortion advocates, and failed to follow the appropriate administrative procedures to institute its unprecedented mandate.

"We commend the Trump administration and HHS’s Office for Civil Rights for investigating and taking corrective action against the state of California for its flawed policies, persistent violation of federal law, and its willful disregard for the civil rights and conscience rights of its citizens," he said.

ADF repeatedly had filed complaints against California's policy.

The HHS Office for Civil Rights confirmed that states in violation of the Weldon Amendment could be "stripped of federal funding."

Supporters of the abortion mandate contend abortion is "health care" and should be covered the way other health care is covered, comparing it to "maternity and prenatal care."

Opponents argue it is completely unlike other health care that strives for the best for each patient. The objective of abortion is that one of the two patients comes out of the process dead.

The Wall Street Journal reported the HHS action is "likely to rattle leaders in at least six states, including Oregon, New York and Washington, that also require abortion coverage in private health plans."

Oregon Right to Life this month said it had filed a suit against Oregon's law, which was passed in 2017. In Illinois, a complaint against the abortion-coverage requirement was filed in October on behalf of the Thomas More Society.

The notice of violation, the Wall Street Journal said, "serves as a warning to other states that have the same provisions."