added default provider and that seemed to fix the issue.
pertinent sections from /etc/ssl/openssl.cnf:

[openssl_init]
providers = provider_sect

[provider_sect]
default = default_sect

thanks for pointing out that related issue @space88man
I think this version of openssl.cnf is packaged by debian since the openssl repo has the default provider enabled by default:
https://github.com/openssl/openssl/blob/openssl-3.0/apps/openssl.cnf#L53

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