Case 1:20-cv-01630-JEB Document 75-2 Filed 08/13/21 Page 17 of 74
Franciscan Alliance to conclude that Sec. 1557 incorporates abortion and religion exemptions from Title IX and does not protect individuals who are seeking abortion care or coverage. HHS repeatedly invoked E.g., 85 Fed. Reg. 37,192 93. Yet Franciscan Alliance is neither binding on HHS nor persuasive. Because the judgment was limited to the 2016 rule, it does not constrain future rulemaking. In any event, exemption
31,380, 3 act to clarify that Sec. 1557 prohibits all forms of discriminati
