The Trump administration is considering whether to end the so-called “religious liberty” provision in the Affordable Care Act, which prevents employers from denying insurance coverage for people who oppose same-sex marriage.
The proposal would also allow states to require people to use birth control in their workplace, though it would not apply to churches or other religious institutions.
The move would likely be welcomed by religious conservatives, who see it as a way to weaken the Affordable Health Care Act and expand the scope of the religious exemption from federal taxes.
The administration’s latest attempt to reverse the Supreme Court’s Obergefell decision would be an unprecedented reversal of the law, which allows same-year married couples to obtain health insurance coverage through their state and federal tax authorities.
The Trump team says it is considering ending the “religious freedom” provision to protect religious liberty.
Trump administration officials have said that the provision is necessary to protect the free exercise of religion and free speech.
But the law allows for exemptions for certain religious institutions, including Catholic hospitals, that refuse to cover birth control and abortions.
Trump has repeatedly denied the religious exemptions exist, and his team has said they would not be enforced if they did.
The Trump administration has made no public statement about the plan to end “religious exemptions,” though in March the president’s budget director, Mick Mulvaney, said that it was a priority for the administration.
Mulvane said that he would “look into” the matter.
Mulvaney did not answer specific questions about the administration’s proposed plan to change the law.
The Republican-led Senate has not yet taken up the measure, which has drawn widespread criticism from religious conservatives.
It is unclear what impact the Trump administration’s plan would have on the federal budget or how it would affect other programs.
The Affordable Care Law was passed in 2010 and was signed into law by President Barack Obama in 2014.
The law requires all Americans to buy health insurance, including through the federal exchange created by the law and some state exchanges, or face a tax penalty.
A federal appeals court in June upheld the law’s constitutionality, saying the law does not allow religious organizations or individuals to deny coverage to people who do not share their religious beliefs.
“There are some who may have concerns about the Trump Administration’s proposed repeal of the Affordable Healthcare Act’s ‘religious freedom’ provision, and we look forward to discussing these concerns with them as we work to craft a plan that protects the religious liberty of all Americans,” the Trump transition team said in a statement.