Doctor, multiple pregnancy care centers file federal suit over Illinois mandate to promote abortion

SB 1564 violates federal law, Constitution

News Release

Alliance Defending Freedom

ROCKFORD, Ill. – Alliance Defending Freedom attorneys representing multiple pregnancy care centers, a pregnancy care center network, and a doctor and her medical practice filed suit Thursday in federal court against Gov. Bruce Rauner after he recently signed a bill into law that forces them to promote abortion regardless of their ethical or moral views. The lawsuit also names Bryan Schneider, secretary of the Illinois Department of Financial and Professional Regulation.

ADF sent a letter to Rauner in May on behalf of numerous pro-life physicians, pregnancy care centers, and pregnancy care center network organizations advising him that the bill, SB 1564, would violate federal law and therefore place federal funding, including Medicaid reimbursements, in jeopardy. ADF also warned legislators about the problems with the bill last year. The lawsuit claims the new law, which is actually an amendment to the existing Illinois Healthcare Right of Conscience Act, violates federal law and the U.S. Constitution.

“No state should attempt to rob women of the freedom to choose a pro-life doctor, but that is the choice that Illinois is eliminating by mandating that pro-life physicians and entities make or arrange abortion referrals. To make matters worse, the state did this by amending a law designed specifically to protect freedom of conscience,” said ADF Senior Counsel Matt Bowman. “As our lawsuit explains, the law is incompatible with the U.S. Constitution and both federal and state law, which protect citizens from being forced by the government to live and act in a way contrary to their faith and conscience.”

The new law forces pregnancy care centers, medical facilities, and physicians who conscientiously object to involvement in abortions to adopt policies that provide women who ask for abortions with a list of providers “they reasonably believe may offer” them. Both federal and state law prohibit the government from placing burdens on religious conscience without a compelling interest for doing so. Additionally, the Illinois Constitution protects “liberty of conscience,” saying that “no person shall be denied any civil or political right, privilege or capacity, on account of his religious opinions.” Both the Illinois Constitution and the U.S. Constitution protect free speech, which includes the right not to be compelled by government to speak a message contrary to one’s own conscience.

“Medical professionals and pregnancy care centers shouldn’t be forced to speak a message completely at odds with their mission and ethics,” explained ADF Senior Counsel Kevin Theriot. “The centers offer women free information and services and do so at no cost to the government. They empower women who are or think they may be pregnant to give birth in circumstances where they may want to but don’t feel they have the necessary resources or social support. All SB 1564 accomplishes is to eliminate this choice for the women who need it most.”

Mauck & Baker LLC attorneys Noel Sterett and Whitman Briskey, two of nearly 3,100 private attorneys allied with ADF, are co-counsel in the case, National Institute of Family and Life Advocates v. Rauner, filed in the U.S. District Court for the Northern District of Illinois. ADF attorneys filed a similar lawsuit in state court last month.

  • Pronunciation guide: 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.

Ontario physicians oppose referrals for assisted suicide, seek judicial review of CPSO requirement

News Release

Coalition for HealthCARE and Conscience

TORONTO, ONT. (June 20, 2016) – The Coalition for HealthCARE and Conscience, representing more than 5,000 physicians and 100 healthcare facilities across Canada, is heartened that federal legislation for assisted suicide specifically states that no one should be compelled to participate in euthanasia.

However, the coalition is deeply troubled that this directive in Bill C-14 is already being ignored and that doctors who oppose assisted suicide over conscience concerns will be required to help take the lives of patients — at least in Ontario.

The College of Physicians and Surgeons of Ontario (CSPO) demands that doctors who conscientiously object to assisted suicide refer patients seeking to end their lives to other physicians who will provide the procedure.

No other foreign jurisdiction that has legalized assisted suicide requires doctors to perform or refer for this procedure. Other provinces have already implemented guidelines to protect doctors who object to providing or referring for assisted suicide.

“The current approach of the CPSO demands that doctors set aside their morals and go against their conscience to directly refer for assisted suicide,” said Larry Worthen, Coalition member and Executive Director of the Christian Medical and Dental Society of Canada. “In our view, effective referral and participating in assisted suicide are morally and ethically the same thing.”

To ensure that conscience rights are respected for Ontario doctors, three physician groups in the Coalition are seeking an expedited judicial review asking the court to determine whether the approach by the CPSO is unconstitutional.

Members of the Coalition fully support the right people clearly have to refuse or discontinue the use of life-sustaining treatment and to allow death to occur.  However, they also hold strong moral convictions that it is never justified for a physician to help take a patient’s life, under any circumstances.

“By requiring effective referral, the CPSO is forcing people of conscience and faith to act against their moral convictions. This threatens the very core of why they became physicians, which is to help to heal people. This is discrimination. It is unnecessary,” Worthen said.

The Coalition is calling on the College to make accommodations that would allow people who have conscientious objection to assisted suicide to continue to practice medicine.

Protecting conscience rights of health practitioners would require only minor accommodations, such as allowing patients direct access to an assessment or allowing complete transfer of care to another physician.

“There are ways to respect patients’ wishes while protecting conscience rights,” Worthen said. “Not to do so is discrimination against people for their morals and convictions, which are protected in the Canadian Charter of Rights and Freedoms.”

A strong majority of Canadians are on side with the coalition’s beliefs on conscience protection. A recent Nanos Research poll found that 75% of Canadians agreed that doctors “should be able to opt out of offering assisted dying,” compared with 21% who disagreed.

The coalition continues to urge Canadians with concerns about assisted suicide legislation to visit CanadiansforConscience.ca where they can communicate directly with their elected members of provincial or federal parliament.

The coalition represents several like-minded organizations committed to protecting conscience rights for health practitioners and institutions. Members of the coalition include the Catholic Archdiocese of Toronto, the Christian Medical and Dental Society of Canada, the Catholic Organization for Life and Family, the Canadian Federation of Catholic Physicians’ Societies, the Canadian Catholic Bioethics Institute, Canadian Physicians for Life, Evangelical Fellowship of Canada, Archdiocese of Vancouver, and the Catholic Health Alliance of Canada.

 About The Coalition for HealthCARE and Conscience:

The Coalition for HealthCARE and Conscience represents a group of like-minded organizations, including representing more than 110 healthcare facilities (with almost 18,000 care beds and 60,000 staff) and more than 5,000 physicians across Canada, that are committed to protecting conscience rights for faith-based health practitioners and facilities. We were brought together by a common mission to respect the sanctity of human life, to protect the vulnerable and to promote the ability of individuals and institutions to provide health care without having to compromise their moral convictions.

The Conscience Protection Act – Policy Lecture with Dr. John Fleming (R-La.)

News Release

Family Research Council

Despite longstanding protections in federal law to keep pro-life doctors, nurses, churches, and religious organizations from being forced to pay for or perform abortions, President Obama’s HHS has repeatedly ignored and refused to investigate clear violations of the law. In 2014, California, and recently New York, have imposed sweeping abortion mandates requiring all employers, including churches, to pay for abortions on-demand in their health insurance plans regardless of any moral and religious objections. The Conscience Protection Act (H.R. 4828) (CPA), introduced by Dr. Fleming (R-La.), would protect pro-life healthcare providers and organizations from just this sort of government discrimination. CPA codifies long-standing federal conscience laws, and provides a critical private right of action so that healthcare providers facing discrimination for refusing to participate in abortion can sue in federal court to protect their conscience rights. Nobody should have to choose between practicing medicine and practicing their religion. Join Family Research Council and Dr. John Fleming as he speaks on this crucial and commonsense measure.

Dr. John Fleming (R-La.), the author of the Conscience Protection Act of 2016 (H.R. 4828), is both a Navy veteran and medical doctor. He has represented Louisiana’s 4th Congressional district since 2009, and is currently a candidate to be the GOP nominee for Louisiana’s open Senate seat this November.

In the House, Dr. Fleming has worked in Congress for sensible health care reforms, authoring legislation urging all Members of Congress to participate in the same health care system that they create for the American people. Dr. Fleming serves on two House Committees: Armed Services and Natural Resources where he is Chairman of the Subcommittee on Water, Power and Oceans. He serves as Co-Chairman of the GOP Doctor’s Caucus, a group that includes 14 physicians who work to develop patient-centered health care reforms.

Dr. Fleming has personally witnessed the miracle of life not only as a father of four children with his wife of 37 years, Cindy, and a grandfather of three, but also as a doctor who has delivered hundreds of babies. In 2007, he was even named the Louisiana Family Doctor of the Year. During his time in Congress, Dr. Fleming has championed conscience protections for medical personnel who choose not to participate in abortion practices.

Due to Congressional scheduling, please be advised that the start time of this lecture event is subject to change. If the live webcast does not begin at noon, stay tuned.

Light refreshments will be served.

Joining us in person for a lecture event:

We are looking forward to hosting you here for one of our lectures. In order for you to have the best experience possible, here are a few things you should know as you prepare to join us.

  1. Registration is required – fill out the form under “Register for this event” on the individual events page, and mark “In person” for the type of attendance.
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  3. All packages and bags are subject to search upon entry to the building.
  4. We welcome an open and reasoned discussion of the social and policy topics we cover. However, your registration for our events is an agreement to conduct yourself with respect and courtesy toward our speakers and fellow attendees. FRC reserves the right to deny admission or remove from the premises anyone who conducts himself or herself in a manner which is disruptive, disrespectful, or dangerous.

By attending this event, you agree that the Family Research Council assumes no liability for injury, damage, or loss which may be related in any way to implementation of this policy. Anyone who is removed may be subject to arrest or detention by authorities for violation of this policy or the codes of the jurisdiction of the event. This policy is not designed to censor or limit free speech, but to ensure a safe environment where ideas can be freely exchanged.

Questions? Call 1-800-225-4008 and ask for the Lectures Coordinator.

Project asks Canadian MPs, Senators to stop coercion in homicide, suicide

News Release

For Immediate Release

Protection of Conscience Project

“If it is ‘unacceptable’ for Members of Parliament to use physical force against each other, surely it is “unacceptable” for state institutions or others to use the force of law to compel people to be parties to inflicting death upon others, and to punish those who refuse.”

That is the message over 400 Canadian Members of Parliament and Senators returning to Ottawa will find on their desks in a letter from the Protection of Conscience Project.  The letters began to arrive Friday morning and should be waiting for MPs and Senators returning to Parliament to resume sitting on Monday.

The Project is proposing an amendment to the government’s Bill C-14, which is intended to allow medical and nurse practitioners to provide euthanasia and assisted suicide in accordance with the ruling of the Supreme Court of Canada in Carter v. Canada (Attorney General).

“Writing directly to individual legislators is a very unusual step,” said Sean Murphy, Administrator of the Protection of Conscience Project.  The letter was sent because of the gravity of the issue, and because the Project’s submission on Bill C-14 – like many others – was not distributed to members of the Standing Committee on Justice and Human Rights before it concluded its deliberations on the bill.

“Ironically, perhaps,” states the letter, “what the Protection of Conscience proposes is not a protection of conscience amendment.”

“Instead, the amendment is limited to the criminal law, which is strictly and fully within the jurisdiction of the Parliament of Canada.”

In making the argument that the criminal law should prohibit coerced participation in homicide and suicide, the letter refers to the conduct of Prime Minister Justin Trudeau the House of Commons on 18 May, which caused an uproar in the House and delayed debate on Bill C-14.

“The delay caused by the Prime Minister has made it possible to make this one last effort to reach legislators,” said Murphy, “and his conduct has enabled the Project to make its point in a very practical way.”

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Contact:
Sean Murphy, Administrator
protection@consciencelaws.org

Project proposes amendment to Canadian euthanasia/assisted suicide bill to stop coercion, intimidation

Amendment to Bill C-14 to prevent coerced participation in inflicting death

News Release
For immediate release

Protection of Conscience Project

The Protection of Conscience Project has proposed an amendment to Bill C-14 to prevent coercion, intimidation or other forms of pressure intended to force citizens to become parties to homicide or suicide.  The amendment is set out in a submission to the Standing Committee on Justice and Human Rights.

Bill C-14 is the bill proposed by Canada’s Liberal government to implement the 2015 decision of the Supreme Court of Canada in Carter v. Canada (Attorney General. It will legalize assisted suicide and euthanasia administered by medical an nurse practitioners.  However, the Bill as introduced does nothing to prevent intimidation and coercion of objecting health care workers to force them to participate in or facilitate the procedures by referral or similar means.

The Project’s proposed amendment is an addition that does not otherwise change the text of  Bill C-14. Nor does it touch the eligibility criteria proposed by Carter, nor the criteria or procedural safeguards recommended by the Special Joint Committee or Provincial-Territorial Expert Advisory Group.  It simply establishes that, as a matter of law and Canadian public policy, no one can be compelled to become a party to homicide or suicide, or punished or disadvantaged for refusing to do so.

The Protection of Conscience Project does not take a position on the acceptability of euthanasia or physician assisted suicide or the merits of legalization of the procedures. The Project’s concern is to ensure that health care workers who object to providing or participating in homicide and suicide for reasons of conscience or religion are not compelled to do so or punished or disadvantaged for refusal.

“Coercion, intimidation or other forms of pressure intended to force citizens to become parties to homicide or suicide is both an egregious violation of fundamental freedoms and a serious threat to society that justifies the use of criminal law,” states the submission.

“Other countries have demonstrated that it is possible to provide euthanasia and physician assisted suicide without suppressing fundamental freedoms.  None of them require ‘effective referral,’ physician-initiated ‘direct transfer’ or otherwise conscript objecting physicians into euthanasia/assisted suicide service.”

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Contact:
Sean Murphy, Administrator
Protection of Conscience Project
Email: protection@consciencelaws.org