Court allows doctors to support hospitals, staff in ACLU suit that seeks to force them to commit abortions

Court grants ADF motion to allow pro-life physician groups to intervene in defense of Catholic hospital network

News Release

American Center for Law and Justice

American Civil Liberties Union v. Trinity Health Corporation: Several pro-life doctor groups have intervened in defense of a Catholic hospital system which the American Civil Liberties Union sued. Alliance Defending Freedom attorneys represent the Catholic Medical Association, the Christian Medical and Dental Association, and the American Association of Pro-Life Obstetricians and Gynecologists. The ACLU’s lawsuit seeks to force Trinity Health Corporation and its staff to commit abortions regardless of their religious and pro-life objections. Trinity Health operates 86 facilities in 21 states.

Attorney sound bites:  Kevin Theriot | Matt Bowman

DETROIT – A federal court agreed Thursday to allow several pro-life doctor groups to intervene in defense of a Catholic hospital system which the American Civil Liberties Union sued last year. In December, Alliance Defending Freedom attorneys representing the Catholic Medical Association, the Christian Medical and Dental Associations, and the American Association of Pro-Life Obstetricians and Gynecologists asked the court to allow the groups to intervene.

On March 23, the court will hear arguments on whether to dismiss the ACLU’s lawsuit, which seeks to force Trinity Health and its staff to commit abortions regardless of their religious and pro-life objections. Trinity Health operates 86 facilities in 21 states.

“No American should be forced to commit an abortion,” said ADF Senior Counsel Kevin Theriot. “No law requires faith-based hospitals and medical personnel to commit abortions against their faith and conscience, and, in fact, federal law directly prohibits the government from engaging in any such coercion. In addition, the government can’t tie any funding to a requirement that hospitals and health care workers give up their constitutionally protected freedoms. We look forward to defending those freedoms in this case.”

“Those who doubt that anyone would ever try to force someone to commit an abortion need only look at this case,” explained ADF Senior Counsel Matt Bowman. “This is precisely what the ACLU is seeking to do. But forcing Catholic hospitals to perform abortions is not only against the law, it makes no sense at all. Patients should always have the freedom to choose a health care facility that respects life and to choose doctors who do not commit abortions.”

“Forcing health care workers to act contrary to the very faith and ethical convictions that led them into the medical profession—to serve, help, and bring healing to people—is counterproductive, unnecessary, and against the law,” Bowman added.

“Here, the Medical Applicants represent members that are affected by the policy directives of the Defendants’ hospitals on a daily basis,” wrote the U.S. District Court for the Eastern District of Michigan, Southern Division, in its order in American Civil Liberties Union v. Trinity Health Corporation. “The outcome of the litigation could have an effect on the day-to-day aspect of their duties as healthcare professionals. Accordingly, finding that the Medical Applicants are regulated by the policy directives at issue, the Medical Applicants are able to intervene as of right.”

  • Pronunciation guide: Theriot (TAIR’-ee-oh), Bowman, (BOH’-min)

Alliance Defending Freedom is an alliance-building, non-profit legal organization that advocates for the right of people to freely live out their faith.

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UN Special Rapporteur Favours of a Right to Conscientious Objection

News Release 

European Centre for Law and Justice

On the occasion of a conference organized by the ECLJ at UN headquarters in Geneva, Professor Heiner Bielefeldt, the UN Special Rapporteur on Freedom of Religion or Belief, spoke in favor of the right of medical staff to refuse to participate in performing an abortion or euthanasia. He mentioned the case of a midwife who was harshly sentenced in Sweden for having refused to participate in an abortion and was forced into “professional exile.”

He considers that this right, based on freedom of conscience, should extend to the medical staff directly involved in the matter, as long as their objection is well-founded on a strong and deep conviction. . . [Full text]

 

Cardinal Collins Presses for Protection of Conscience and the Vulnerable as Euthanasia/Assisted Suicide Legislation Prepared

Canadians coast to coast encouraged to take action

News Release

Archdiocese of Toronto

TORONTO (March 2, 2016) As legislation is prepared to legalize euthanasia/assisted suicide in Canada, the Archbishop of Toronto is calling on the federal government to protect the vulnerable and those who care for them. In a statement released Wednesday, Cardinal Thomas Collins expressed shock at federal joint committee recommendations that would force health care workers and institutions to offer or refer assisted death:

“Physicians across our country who have devoted their lives to healing patients will soon be asked to do the exact opposite. They will not be asked to ease their suffering by providing them with treatment and loving care, but by putting them to death.”

The archbishop highlighted other committee recommendations that would profoundly impact the vulnerable, including:

• A desire to allow, in three years from now, access to euthanasia/assisted suicide for minors (those under 18).

• The ability for those suffering from conditions like dementia to pre-schedule the date of their death.

• Insistence that those with psychiatric conditions be eligible for euthanasia/assisted suicide.

Cardinal Collins stated: “Once we make people’s worthiness to live dependent on how well they function, our society has crossed the boundary into dangerous territory in which people are treated as objects that can be discarded as useless.”

The archbishop has invited all those who share his concerns to visit CanadiansforConscience.ca and join the Coalition for HealthCARE and Conscience. The coalition includes more than 5,000 Canadian doctors with a common mission to respect the sanctity of human life.

CanadiansforConscience.ca portal provides numerous resources, including an opportunity for people to easily share their concerns directly with their local member of parliament.

Cardinal Collins’ statement will be read or shown by video this weekend in more than 200 Catholic churches across the Archdiocese of Toronto. –

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On Sunday, March 6, 2016, Cardinal Collins will deliver his statement at St. Paul’s Basilica at the 11 a.m. Mass. He will meet with the media following Mass.

Media Contacts:

Neil MacCarthy, Director, Public Relations & Communications,
Archdiocese of Toronto (416) 934-3400 x 552, neilm@archtoronto.org
(416) 879-2846 (cell) www.archtoronto.org

Bill Steinburg, Communications Manager
(416) 934-3400 x 558,
bills@archtoronto.org
(416) 708-9655 (cell)

The CCRL Strongly Opposes Parliamentary Committee’s Assisted Suicide/Euthanasia Recommendations

News Release

Catholic Civil Rights League

TORONTO, ON February 25, 2016 – The Catholic Civil Rights League (CCRL) strongly opposes the recommendations of the Report of the Special Joint Committee on Physician-Assisted Dying, titled “Medical Assistance in Dying:  A Patient-Centred Approach.” The CCRL uses the more accurate terms “assisted suicide” and “euthanasia” since there is nothing medicinal whatsoever in the process of killing a patient or intervening so that a patient may commit suicide more easily.

The majority report is problematic as it brings Canada further along the path of unrestricted assisted suicide and euthanasia, a regime which began with the Supreme Court’s unanimous decision in Carter v. Canada and with it, the overturning of the prohibition against assisted suicide and euthanasia from the Criminal Code. In the twenty-two years since the 1993 Supreme Court of Canada decision in Rodriguez, Parliament not only continued to oppose assisted suicide and euthanasia in six separate votes, but rather passed near unanimous resolutions for a national anti-suicide prevention policy, and for a further national strategy to support increased palliative care throughout Canada.

The Joint Committee’s majority recommends the practically unfettered and immediate implementation of death on demand for Canadians. The CCRL made submissions to previous consultation panels on euthanasia in response to the decision in Carter, but the League was not prepared to collaborate in the legislative process of advocating for a liberal bill as now proposed.  The CCRL remains of the view, based on the experience of other jurisdictions, that “safeguards”, even as minimally expressed by the Joint Committee, are illusory.  The League fears for the elderly, the disabled, and the those with mental health afflictions, that they will be the subject of increased pressure to take their own lives, rather than gain access to treatment, or palliative care.  In every other jurisdiction, the scope of assisted suicide and euthanasia widens, and instances of egregious circumstances of premature death prevail.

Of particular concern to the CCRL is recommendation #11:

That the Government of Canada work with the provinces and territories to ensure that all publicly funded health care institutions provide medical assistance in dying.

Catholic health institutions cannot and will not participate in the intrinsically evil act of assisted suicide/euthanasia. The Liberals, as professed guarantors of the Charter, cannot in good conscience merely deny the religious and conscientious rights of such institutions. Is the government’s enthusiasm for such a proposal intended to bring about the demise of the Catholic health system?

Recommendation #10 is wholly unacceptable:

That the Government of Canada work with the provinces and territories and their medical regulatory bodies to establish a process that respects a health care practitioner’s freedom of conscience while at the same time respecting the needs of a patient who seeks medical assistance in dying. At a minimum, the objecting practitioner must provide an effective referral for the patient.

As the CCRL has stated many times, the compulsion to make an “effective referral” is an infringement of the Charter right of freedom of conscience and religion.  Compelling an objecting physician to provide an effective referral to another physician, health-care provider, or third party agency in order to carry out assisted death or euthanasia, involves that physician in the objectionable procedure.  The Parliamentary Committee has ignored numerous presentations and submissions opposing any compulsion to force a physician to violate his or her own conscience by being a participant in the very act, the very procedure to which he or she objects in the first place.

We urge members of the media and others who care for the future of Canada to have reference to the dissenting report of four Conservative MPs who have taken issue with the majority recommendations of the Joint Committee.

Canada is entering fully into the culture of death.

The CCRL asks all of our supporters to join us in rejecting this report and we plead with all Canadians, and indeed all Catholics to wake up and join us in this fight, spiritually through prayer, and politically by using our collective voice. Let us announce that we will not accept this.

About the CCRL
Catholic Civil Rights League (CCRL) (www.ccrl.ca) assists in creating conditions within which Catholic teachings can be better understood, cooperates with other organizations in defending civil rights in Canada, and opposes defamation and discrimination against Catholics on the basis of their beliefs. The CCRL was founded in 1985 as an independent lay organization with a large nationwide membership base. The CCRL is a Canadian non-profit organization entirely supported by the generosity of its members.

 For further information:
Christian Domenic Elia, PhD
CCRL Executive Director
416-466-8244
@CCRLtweets

Canadian parliamentary committee recommends mandatory participation in euthanasia, assisted suicide

Federal committee wants provincial governments to address most contentious issue

News Release

Protection of Conscience Project

A special joint committee of the Canadian House of Commons and Senate has produced a first report concerning legalization of euthanasia and physician assisted suicide.

The report recommends that physicians who, for reasons of conscience, are unwilling to kill patients or help them to commit suicide  should be compelled to find someone willing to do so.  It also recommends that all publicly funded facilities – not excluding objecting denominational institutions – be compelledCanadian parliamentary committee recommends mandatory participation in euthanasia, assisted suicide
to provide euthanasia and assisted suicide.  This goes beyond recommendations made by others to the effect that objecting institutions should at least allow an external provider to perform the procedures on their premises.  It also ignores the advice of the Canadian Medical Association, which told the Committee that euthanasia and assisted suicide could be provided without suppressing freedom of conscience by forcing objecting physicians to refer for the procedures.

The main report is followed by a dissenting report signed by four Conservative (C) Members of Parliament.  With respect to freedom of conscience, the dissenting report erroneously states, “Quebec physicians are free to act according to their conscience,” and recommends Quebec legislation that is purported to accommodate freedom of conscience and religion.  The Quebec model has been rejected by many objecting physicians because it requires them to become parties to homicide by referring a patient to an administrator, who will arrange for euthanasia.

A supplementary opinion filed by two New Democrat (NDP) Members of Parliament states that legislation “must ensure that every eligible patient’s right to access medical aid in dying is upheld, and protect any healthcare professional who objects for reasons of conscience from disciplinary action.”  However, the authors of the supplementary opinion do not dissent from the main report, so they must mean that objecting physicians should be disciplined if they refuse to arrange for someone to kill patients or help them commit suicide.

In Canada, the federal government has no jurisdiction over the regulation of medical practice or the operation of hospitals.  In effect, then, the committee wants the federal government to pressure provincial governments to force unwilling physicians, health care workers and institutions to become parties to homicide and suicide.  This is arguably more contentious than the legalization of assisted suicide and euthanasia, so it is politically advantageous for the federal government to pass this particular buck to the provinces.

The federal government has full jurisdiction to prevent people from being forced to become parties to homicide and suicide, and this was recommended to the Committee by the Protection of Conscience Project and others.  Instead, the Committee has taken the opposite tack, insisting that the state should impose and enforce an obligation to kill, even upon those who believe that killing people or helping them to commit suicide is gravely wrong.

Contact:

Sean Murphy, Administrator (protection@consciencelaws.org)