The Biden administration’s Department of Health and Human Services (HHS) is nixing a Trump-era rule that exempted federally-funded foster care providers from following non-discrimination rules in Michigan, South Carolina, and Texas. In a new policy unveiled on November 18, HHS asserted that the administration would instead revert back to its previous policy of examining religious exemption requests on a case-by-case basis in accordance with the Religious Freedom Restoration Act (RFRA). The Trump administration had interpreted RFRA in such a way that provided the three states with waivers to reject prospective parents because of their sexual orientation or gender identity. “Today’s action supports the bedrock American principle and a core mission of our Department — to ensure Americans have access to quality health and human services,” HHS Secretary Xavier Becerra said in a written statement. “Our action ensures we are best prepared to protect every American’s right to be free of discrimination. With the large number of discrimination claims before us, we owe it to all who come forward to act, whether to review, investigate, or take appropriate measures to protect their rights. At HHS, we treat any violation of civil rights or religious freedoms seriously.” In South Carolina, the Trump administration in 2019 granted Miracle Hill Ministries exemptions from HHS regulation 45 CFR §75.300(c), which stipulated that nobody should face discrimination in HHS programs and services — including discrimination on the basis of sexual orientation and gender identity. The letter that the Trump administration sent to South Carolina Governor Henry McMaster at the time mentioned that other foster care agencies would also be able to discriminate. In a press release, HHS further noted that the Trump administration’s policy was “inappropriate and unnecessary” because that administration did not follow civil rights protections pertaining to grants. HHS concluded that the waivers were “inconsistent with the department’s critical goal of combating discrimination based on religion, sexual orientation, and gender identity.”