Equality Act’s Attack on Religious Liberty, Medical Conscience

National Review

Reproduced with permission

Wesley J. Smith

President Biden said during the campaign that he supported the Equality Act, which is being sold as a means of guaranteeing equality for LGBT people.

But it does more than that. It would destroy medical conscience by removing existing protections that permit doctors and nurses to refuse participation in abortion, and it would gut the Religious Freedom Restoration Act.

The Charlotte Lozier Institute’s associate scholar Richard Doerflinger explains in a white paper he authored on the bill. From “The ‘Equality Act’: Threatening Life and Equality:”

The Equality Act’s new freestanding ban on pregnancy discrimination . . . adds the new requirement for women to receive “treatment” for pregnancy that is as “favorable” as treatment for any other “physical condition” . . . . It provides rules of construction indicating that the new requirement should be interpreted as broadly as possible. . . . And it negates the existing religious freedom law that allows believers to seek an exemption from such requirements based on sincere religious beliefs such as respect for human life.

That’s the end of medical conscience, an aspect of freedom of religion that permits doctors and nurses to refuse to participate in the termination of pregnancies.

That’s not all. The bill guts the Religious Freedom Restoration Act as a defense against acts deemed discriminatory in the bill. Among other wrongs, this could force Catholic hospitals to permit sterilization, contraception, abortion, and transgender surgeries on premises despite their being prohibited by Catholic moral teaching.

Interestingly the ACLU once understood the importance of protecting Catholic hospitals from such impositions. It now supports the Equality Act:

It is notable that in 1992 the ACLU recognized a religious hospital’s right to decline involvement even in contraception. This is also a service related to pregnancy, so would presumably be required of religious hospitals under the Equality Act – as would removal of a woman’s healthy uterus, surgically sterilizing her, to facilitate her transition to a male gender identity.

As noted above, the Equality Act’s mandates and its elimination of any defense under the Religious Freedom Restoration Act would also reverse the outcome of Supreme Court cases on the Affordable Care Act, subjecting the Little Sisters of the Poor and other religious entities to a mandate for contraceptive and early abortifacient  coverage.

Read the whole paper. It is a sobering assessment.

The Equality Act is a blatant act of cultural imperialism and a high-priority agenda item for the new administration and the Democrat-controlled Congress. So much for “unity.”

US paid to tie down, blindfold, sterilize indigenous Peruvian women. Now they’re suing

LifeSite News

Martin M. Barillas

LIMA, Peru, November 7, 2019 (LifeSiteNews) – After more than 20 years, women who were forcibly sterilized will have their day in court as prosecutors in Peru intend to charge a former president and government officials with serious human rights abuses.

Former President Alberto Fujimori of Peru (1990-2000) and other former high-ranking government officials will face a court in December for their involvement in forced sterilizations of women, which caused the death of at least one woman in the Andean republic. Fujimori, 81, promoted his Voluntary Chemical Contraception Program in the 1990s to supposedly level the playing field and provide to poor women contraception that they would not be able to afford without government assistance. Contraception services in Peru were subsidized by U.S. taxpayers through the U.S. Agency for International Development (USAID). . . [Full text]

Nova Scotia hospital forced to provide euthanasia, assisted suicide

Services to be provided in attached building

Arrangement said to preserve Catholic identity

Sean Murphy*

Hospital

St. Martha’s Regional Hospital in Antigonish, Nova Scotia, will begin providing euthanasia and assisted suicide (EAS). The hospital had refused to provide the services because they were considered to be contrary to the Catholic identity of the hospital. The change of policy appears to have been forced by the threat of a lawsuit by EAS advocates. A campaign to force the hospital to permit EAS services had been ongoing for some time [See 958 days without medical assistance in dying policy, Ban on assisted dying at St. Martha’s hospital should end, says law prof].

St. Martha’s was established by a Catholic religious order, the Sisters of St. Martha. However, in 1996 the order transferred ownership of the hospital to the state. The terms of the transfer were set out in a “Mission Assurance Agreement” that required the state to ensure that “the philosophy, mission and values of St. Martha’s Regional Hospital would remain the same and the hospital would keep its faith-based identity.”1

Notwithstanding the terms of the agreement, from 1996 the hospital was not legally a private or Catholic institution, even though it is popularly known as “Nova Scotia’s only Catholic hospital .”2 EAS advocates argued that state ownership of the hospital made it a state actor obliged to provide euthanasia and assisted suicide.1 Logically, this would also apply to abortion, surgical sterilizations, and other procedures contrary to Catholic teaching.

The Nova Scotia Health Authority states that the change of policy is consistent with “the spirit of the Mission Assurance Agreement,”3 which seems to imply that a way has been found for the hospital to “keep its [Catholic] faith-based identify” while providing euthanasia and assisted suicide.

According to NSHA’s Vice President of Health Services and Chief Nursing Executive Tim Guest, euthanasia and assisted suicide will be provided in the Antigonish Health and Wellness Centre, formerly the Martha Center.4

Built in 1961, the Antigonish Health and Wellness Center is attached to St. Martha’s Regional Hospital. In 2009, still known as the Martha Center, it was described as “primarily a professional building” of 92,000 square feet that had undergone major renovations between 2006 and 2009.5

The Sisters of St. Martha have issued a statement:

The Sisters of St Martha were informed that the Nova Scotia Health Authority continues to uphold our Mission Assurance Agreement, while providing access in Antigonish for individuals who request Medical Assistance in Dying (MAID).

The Nova Scotia Health Authority has assured us that Medical Assistance in Dying (MAID) will not take place in St. Martha’s Regional Hospital. We do not own St. Martha’s Regional Hospital, or the building called the Antigonish Health and Wellness Center. . . 6

It is not clear from the statements if assessments and preliminaries for euthanasia/assisted suicide will occur in the hospital building, with actual administration of lethal medication taking place in the Health and Wellness Center.

1. Downie J, GilbertD. Nova Scotia now a leader in medical assistance in dying [Internet]. The Chronicle Herald. 2019 Sep 19.

2. Willick F. Ban on assisted dying at St. Martha’s hospital should end, says law prof [Internet]. CBC News. 2018 Dec 28.

3. Lord R, Quon A. NSHA quietly changes medically assisted dying policy at Catholic hospital [Internet]. Global News. 2019 Sep 18.

4. 989XFM. Nova Scotia Health Authority allows Medically Assisted Death at St. Martha’s Regional Hospital [Internet]. 2019 Sep 19.

5. Guysborough Antigonish Strait Health Authority. Request for Proposal: Radio Frequency (RF) Wireless Site Survey [Internet]. 2009 Apr 17.

6. Boisvert B. Sisters of St. Martha Media Statement [Internet]. 2019 Sep 19.

The RH Act (2012) in brief

Appendix “B” of Philippines RH Act: Rx for controversy

Sean Murphy*

An outline of principal sections of the Responsible Parenthood and Reproductive Health Act of 2012 relevant to freedom of conscience.

SEC. 1. Title
  • [Not reproduced here]
SEC. 2. Declaration of Policy

The State recognizes and guarantees the human rights of all persons,1 including their right to equality and nondiscrimination of these rights, the right to sustainable human development, the right to health which includes reproductive health,2 the right to education and information, and the right to choose and make decisions3 for themselves in accordance with their religious convictions, ethics, cultural beliefs and the demands of responsible parenthood.4 . . . [Full text]

Philippines population control and management policies

Appendix “A” of Philippines RH Act: Rx for controversy

Sean Murphy*

Establishment of POPCOM

In 1967, President Ferdinand Marcos joined other world leaders in adding his signature to a Declaration on Population that had been made the previous year by representatives of 12 countries (often incorrectly cited in Philippines government documents as “the UN Declaration on Population”).1 Two years later, Executive Order 171 established the Commission on Population (POPCOM), and in 1970 Executive Order 233 empowered POPCOM to direct a national population programme.2

The Population Act

Philippines population control and management policies

The Population Act [RA 6365] passed in 1971 made family planning part of a strategy for national development. Subsequent Presidential Decrees required increased participation of public and private sectors, private organizations and individuals in the population programme.3

Under President Corazon Aquino (1986 to 1992) the family planning element of the programme was transferred to the Department of Health, where it became part of a five year health plan for improvements in health, nutrition and family planning. According to the Philippines National Statistics Office, the strong influence of the Catholic Church undermined political and financial support for family planning, so that the focus of the health policy was on maternal and child health, not on fertility reduction.4

The Population Management Program

The Ramos administration launched the Philippine Population Management Program (PPMP) in 1993. This was modified in 1999, incorporating “responsible parenthood” as a central theme.3 During the Philippines 12th Congress (2001-2004) policymakers and politicians began to focus on “reproductive health.”5

Responsible Parenthood and Family Planning Program

In 2006 the President ordered the Department of Health, POPCOM and local governments to direct and implement the Responsible Parenthood and Family Planning Program.

The Responsible Parenthood and Natural Family Planning Program’s primary policy objective is to promote natural family planning, birth spacing (three years birth spacing) and breastfeeding which are good for the health of the mother, child, family, and community. While LGUs can promote artificial family planning because of local autonomy, the national government advocates natural family planning.3

Population policy effectiveness and outcomes

The population of the Philippines grew steadily from about 27million in 1960 to over 100 million in 2018. Starting from similar populations in 1960, Thailand, Myanmar and South Korea now have much lower populations (Figure 1) . . . [Full text]