Federal Laws and Regulations
By Year
Alphabetical List
2012
Protection of Rights of Conscience of Armed Forces Members and
Chaplains
Sec. 533 of the National Defense Authorization Act for Fiscal Year
2013, Pub. L. No. 112-239, as amended by Sec. 532 of the National
Defense Authorization Act for Fiscal Year 2014, Pub. L. No. 113-66 [10
U.S.C.A. Subt. A, Pt. II, Ch. 53, Refs & Annos]:
(a) Protection of rights of conscience.-
(1) Accommodation. Unless it could have an adverse impact on military
readiness, unit cohesion, and good order and discipline, the Armed
Forces shall accommodate individual expressions of belief of a member
of the armed forces reflecting the sincerely held conscience, moral
principles, or religious beliefs of the member and, in so far as
practicable, may not use such expression of belief as the basis of any
adverse personnel action, discrimination, or denial of promotion,
schooling, training, or assignment.
(2) Disciplinary or administrative action.--Nothing in paragraph (1)
precludes disciplinary or administrative action for conduct that is
proscribed by chapter 47 of title 10, United States Code (the Uniform
Code of Military Justice) [10 U.S.C.A. § 801 et seq.], including
actions and speech that threaten good order and discipline.
(b) Protection of chaplain decisions relating to conscience, moral
principles, or religious beliefs.-
No member of the Armed Forces may—
(1) require a chaplain to perform any rite, ritual, or ceremony that
is contrary to the conscience, moral principles, or religious beliefs
of the chaplain; or
(2) discriminate or take any adverse
personnel action against a chaplain, including denial of promotion,
schooling, training, or assignment, on the basis of the refusal by the
chaplain to comply with a requirement prohibited by paragraph (1).
2004
The Weldon Amendment, originally adopted as section 508(d) of the
Labor-HHS Division (Division F) of the 2005 Consolidated Appropriations
Act, Pub. L. 108-447 (Dec. 8, 2004), has been readopted (or incorporated
by reference) in each subsequent HHS appropriations act.
Sec. 507 (d) of Title V of Division H (Departments of Labor, Health and
Human Services, and Education, and Related Agencies Appropriations Act)
of the Consolidated Appropriations Act, 2014, Pub. L. No. 113-76.
Sec. 507 (d) of Title V of Division H
(Departments of Labor, Health and Human Services, and Education, and
Related Agencies Appropriations Act) of the Consolidated Appropriations
Act, 2014, Pub. L. No. 113-76.
(1) None of the funds made available in this Act
may be made available to a Federal agency or program, or to a State or
local government, if such agency, program, or government subjects any
institutional or individual health care entity to discrimination on the
basis that the health care entity does not provide, pay for, provide
coverage of, or refer for abortions.
(2) In this subsection, the term "health care
entity" includes an individual physician or other health care
professional, a hospital, a provider-sponsored organization, a
healthmaintenance organization, a health insurance plan, or any other
kind of health care facility, organization, or plan.
2003
United States Leadership Against HIV/AIDS, Tuberculosis, and Malaria Act of 2003
(Amended 2008)
22 U.S.C. §7631 (d).
An organization, including a faith-based organization, that is
otherwise eligible to receive assistance under section 104A of the
Foreign Assistance Act of 1961 [22 U.S.C. 2151b-2], under this chapter,
or under any amendment made by this chapter or by the Tom Lantos and
Henry J. Hyde United States Global Leadership Against HIV/AIDS,
Tuberculosis, and Malaria Reauthorization Act of 2008, for HIV/AIDS
prevention, treatment, or care –
(1) shall not be required, as a
condition of receiving such assistance –
(A) to endorse or utilize a
multisectoral or comprehensive approach to combating HIV/AIDS; or
(B)
to endorse, utilize, make a referral to, become integrated with, or
otherwise participate in any program or activity to which the
organization has a religious or moral objection; and
(2) shall not be
discriminated against in the solicitation or issuance of grants,
contracts, or cooperative agreements under such provisions of law for
refusing to meet any requirement described in paragraph (1).
2000
Sec. 808 of Title VIII of Division E (Financial Services and General
Government Appropriations Act) of the Consolidated Appropriations Act,
2014, Pub. L. No. 113-76.
Nothing in this Act may be construed to prevent the Council or Mayor of the
District of Columbia from addressing the issue of the provision of
contraceptive coverage by health insurance plans, but it is the intent of
Congress that any legislation enacted on such issue should include a
"conscience clause" which provides exceptions for religious beliefs and
moral convictions.
1999
Current
Language
Governing Contraceptive Coverage
for Federal Employees
Sec. 726 of Title VII of Division E (Financial Services and General
Government Appropriations Act) of the Consolidated Appropriations Act,
2014, Pub. L. No. 113-76.
In implementing this section, any plan that enters into or renews a
contract under this section may not subject any individual to
discrimination on the basis that the individual refuses to prescribe or
otherwise provide for contraceptives because such activities would be
contrary to the individual’s religious beliefs or moral convictions.
1998
48 CFR §1609.7001 (c)(7).
... Providers, health care workers, or health plan sponsoring
organizations are not required to discuss treatment options that they
would not ordinarily discuss in their customary course of practice because
such options are inconsistent with their professional judgment or ethical,
moral or religious beliefs.
1997
42 U.S.C. §1395w-22(j)(3)(B).
Conscience protection.
Subparagraph (A) [prohibiting interference with provider advice to
enrollees] shall not be construed as requiring a Medicare + Choice plan to
provide, reimburse for, or provide coverage of a counselling or referral
service if the Medicare + Choice organization offering the plan --
(i) objects to the
provision of such service on moral or religious grounds; and
(ii) in the manner and through
the written instrumentalities such Medicare + Choice organization deems
appropriate, makes available information on its policies regarding such
service to prospective enrollees before or during enrolment and to
enrollees within 90 days after the date that the organization or plan
adopts a change in policy regarding such a counseling or referral service.
42 U.S.C. §1396u-2(b)(3).
Construction.
Subparagraph (A) [protecting enrollee-provider communications] shall not
be construed as requiring a Medicaid managed care organization to provide,
reimburse for, or provide coverage of, a counselling or referral service
if the organization --(i) objects to the provision
of such service on moral or religious grounds; and (ii) in the manner
and through the written instrumentalities such organization deems
appropriate, makes available information on its policies regarding such
service to prospective enrollees before or during enrolment and to
enrollees within 90 days after the date that the organization adopts a
change in policy regarding such a counselling or referral service . . .
1996
Protecting
Health Care Entities
that Decline to Perform or Refer for Abortions
for Any Reason (1996)
42 USC §238n
Abortion-related discrimination in governmental activities regarding
training and licensing of physicians.
The Federal Government, and any State or local government that receives
Federal financial assistance, may not subject any health care entity to
discrimination on the basis that -
(1) the entity refuses to undergo
training in the performance of induced abortions, to require or provide
such training, to perform such abortions, or to provide referrals for such
training or such abortions;
(2) the entity refuses to make
arrangements for any of the activities specified in paragraph (1); or
(3) the entity attends (or
attended) a post-graduate physician training program, or any other program
of training in the health professions, that does not (or did not) perform
induced abortions or require, provide or refer for training in the
performance of induced abortions, or make arrangements for the provision
of such training.
8 U.S.C. §1182 (g). Bond and
condition for admission of alien excludable on health-related grounds.
The Attorney General may waive the application of... subsection (a)(1)(A)(ii)
of this section [requiring documentation that one has been vaccinated
against certain diseases] in the case of any alien... under such
circumstances as the Attorney General provides by regulation, with respect
to whom the requirement of such a vaccination would be contrary to the
alien’s religious beliefs or moral convictions . . .
1994
18 U.S.C. §3597 (b).
Excuse of an employee on moral or religious grounds.
No employee of any State department of corrections, the United States
Department of Justice, the Federal Bureau of Prisons, or the United States
Marshals Service, and no employee providing services to that department,
or bureau, or service under contract shall be required, as a condition of
that employment or contractual obligation, to be in attendance at or
participatie in any prosecution or execution under this section if such
participation is contrary to the moral or religious convictions of the
employee. In this subsection, "participation in executions"
includes personal preparation of the condemned individual and the
apparatus used for execution and supervision of the activities of other
personnel in carrying out such activities.
[Also see virtually identical
provision at 21 U.S.C. §848 (r)]
1988
20 U.S.C. §1688. Neutrality with
respect to abortion.
Nothing in this chapter
shall be construed to require or prohibit any person, or public or private
entity, to provide or pay for any benefit or service, including the use of
facilities, related to an abortion.
1986
Title III of Division K (Department of State, Foreign Operations,
and Related Programs Appropriations Act) of the Consolidated
Appropriations Act, 2014, Pub. L. No. 113-76.
. . . Provided further, that in awarding grants for natural family
planning under section 104 of the Foreign Assistance Act of 1961 no
applicant shall be discriminated against because of such applicant's
religious or conscientious commitment to offer only natural family
planning . . .
1974
42 U.S.C. §2996f(b).
Limitations on uses.
No funds made available by the [Legal Services] Corporation under this
subchapter, either by grant or contract, may be used ... (8) to provide
legal assistance with respect to any proceeding or litigation which seeks
to procure a nontherapeutic abortion or to compel any individual or
institution to perform an abortion, or assist in the performance of an
abortion, or provide facilities for the performance of an abortion,
contrary to the religious beliefs or moral convictions of such individual
or institution....
1973
(Church Amendments, 1973)
Prohibition of public officials and public authorities from imposition of
certain requirements contrary to religious beliefs or moral convictions.
The receipt of any grant, contract, loan, or loan guarantee under the
Public Health Service Act (42 U.S.C. 201 et seq.), the Community Mental
Health Centers Act (42 U.S.C. 2689 et seq.), or the Developmental
Disabilities Services and Facilities Construction Act (42 U.S.C. 6000 et
seq.) by any individual or entity does not authorize any court or any
public official or other public authority to require -
(1) such individual to perform
or assist in the performance of any sterilization procedure or abortion
if his performance or assistance in the performance of such procedure or
abortion would be contrary
to his religious beliefs or moral convictions; or
(2) such entity to -
(A) make its facilities
available for the performance of any sterilization procedure or abortion if the performance of
such procedure or abortion in such facilities is prohibited by the
entity on the basis of religious beliefs or moral convictions,or
(B) provide any personnel for
the performance or assistance in the performance of any sterilization
procedure or abortion if the performance or assistance in the
performance of such
procedures or abortion by such personnel would be contrary to the
religiousbeliefs or moral convictions of such personnel.
(1) No entity which receives a grant, contract, loan, or loan guarantee
under the Public Health Service Act (42 U.S.C. 201 et seq.), the Community
Mental Health Centers Act (42 U.S.C. 2689 et seq.), or the Developmental
Disabilities Services and Facilities Construction Act (42 U.S.C. 6000 et
seq.) after June 18, 1973, may -
(A) discriminate in the
employment, promotion, or termination of employment of any physician
or other health care personnel, or
(B) discriminate in the
extension of staff or other privileges to any physician or other health
care personnel, because he performed or assisted in the performance of a
lawful sterilization
procedure or abortion, because he refused to perform or assist in the performance of such a procedure or
abortion on the grounds that his performance or assistance
in the performance of the procedure or abortion would be contrary to his religious beliefs or moral
convictions, or because of his religious beliefs or moral convictions
respecting sterilization procedures or abortions.
No entity which receives
after July 12, 1974, a grant or contract for biomedical or behavioral
research under any program administered by the Secretary of Health and
Human Services may -
(A) discriminate in the
employment, promotion, or termination of employment of any physician
or other health care personnel, or
(B) discriminate in the
extension of staff or other privileges to any physician or other health
care personnel, because he performed or assisted in the performance of
any lawful health service
or research activity, because he refused to perform or assist in the performance of any such service or
activity on the grounds that his performance or assistance
in the performance of such service or activity would be contrary to his religious beliefs or moral
convictions, or because of his religious beliefs or moral convictions
respecting any such service or activity.
42 U.S.C. 300a-7 (d).
Individual rights respecting certain requirements contrary to religious
beliefs or moral convictions.
No individual shall be required to perform or assist in the performance of
any part of a health service program or research activity funded in whole
or in part under a program administered by the Secretary of Health and
Human Services if his performance or assistance in the performance of such
part of such program or activity would be contrary to his religious
beliefs or moral convictions.
42 U.S.C. 300a-7 (e).
Prohibition on entities receiving Federal grant, etc., from discriminating
against applicants for training or study because of refusal of applicant
to participate on religious or moral grounds.
No entity which receives, after September 29, 1979, any grant, contract,
loan, loan guarantee, or interest subsidy under the Public Health Service
Act (42 U.S.C. 201 et seq.), the Community Mental Health Centers Act (42
U.S.C. 2689 et seq.), or the Developmental Disabilities Assistance and
Bill of Rights Act (42 U.S.C. 6000 et seq.) may deny admission or
otherwise discriminate against any applicant (including applicants for
internships and residencies) for training or study because of the
applicant's reluctance, or willingness, to counsel, suggest, recommend,
assist, or in any way participate in the performance of abortions or
sterilizations contrary to or consistent with the applicant's religious
beliefs or moral convictions.
State Laws
A to D | Alaska | Arizona | Arkansas | California | Colorado | Connecticut | Delaware
F to L | Florida | Georgia | Hawaii | Idaho | Illinois | Indiana | Iowa | Kansas | Kentucky | Louisiana
M | Maine | Maryland | Massachusetts | Michigan | Minnesota | Mississippi | Missouri | Montana
N | Nebraska | Nevada | New Jersey | New Mexico | New York | North Carolina | North Dakota
O to S | Ohio | Oklahoma | Oregon | Pennsylvania | Rhode Island | South Carolina | South Dakota
T to W | Tennessee | Texas | Utah | Vermont | Virginia | Washington | West Virginia | Wisconsin | Wyoming
Wisconsin
Territories and Dependencies