The U.S. Department of Health and Human Services’ Office for Civil Rights has opened investigations into 13 states that are forcing health care plans to pay for abortions in violation of federal conscience protections.
The probes target states accused of discriminating against entities that decline to cover abortions contrary to conscience. The states were not named in HHS’s official release, but multiple reports identify them as California, Colorado, Delaware, Illinois, Maine, Maryland, Massachusetts, Minnesota, New Jersey, New York, Oregon, Vermont, and Washington—
Those are all Democrat states that require abortion coverage in various health insurance plans.
The investigations examine compliance with the Weldon Amendment, a longstanding federal provision that prohibits government discrimination against health care entities—including insurance issuers and plans—that choose not to pay for or provide coverage of abortion.
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“OCR launches these investigations to address certain states’ alleged disregard of, or confusion about, compliance with the Weldon Amendment,” said Paula M. Stannard, Director of the HHS Office for Civil Rights. “Under the Weldon Amendment, health care entities, such as health insurance issuers and health plans, are protected from state discrimination for not paying for, or providing coverage of, abortion contrary to conscience. Period.”
The action follows HHS’s earlier repudiation this year of a 2021 interpretation that had narrowed Weldon Amendment protections, with states advised not to rely on the now-rescinded position.
The pro-life legal group Alliance Defending Freedom applauded the investigations.
“It’s unconscionable for any state to force pro-life, religious ministries or businesses to pay for abortions,” said Matt Bowman, ADF Senior Counsel and director of regulatory practice. “We’re pleased the Trump administration affirmed today that federal law protects Americans’ conscience rights by prohibiting government officials from compelling religious or pro-life organizations to act in violation of their sincerely held faith convictions. We’re hopeful this timely and needed investigation will prompt states like Washington to think twice before trying to force its pro-abortion agenda onto churches like Cedar Park, which Alliance Defending Freedom is proud to represent.”
The Weldon Amendment safeguards conscience by barring discrimination against entities refusing to facilitate abortion through payment or coverage.
ADF noted conflicts with religious beliefs, including those of faith-based employers and ministries such as Cedar Park Church in Washington state that has been fighting that state’s abortion funding requirements.
Pro-life advocates see the investigations as essential to protecting individuals and organizations from mandates that compel funding of abortions, reinforcing federal conscience safeguards amid ongoing debates over abortion policy.
