“The core of a modern pluralism”

Sean Murphy*

Introduction

In 2008 the Ontario Human Rights Commission (OHRC) attempted to suppress freedom of conscience and religion in the medical profession in Ontario on the grounds that physicians are “providers of secular public services.”1   The hostility of the OHRC toward religious believers in the medical profession contributed significantly to anti-religious sentiments and a climate of religious intolerance in the province.  This was displayed last year during a public crusade against three Ottawa physicians who refused to prescribe or refer for contraceptives or abortion, in part, because of their religious beliefs.2

Despite the fact that there was no evidence that even a single person in Ontario has ever been unable to access medical services because of conscientious objection by a physician, the College of Physicians and Surgeons of Ontario has now adopted a policy that requires all physicians who object to a procedure for reasons of conscience to direct patients to a colleague willing to provide it.3 A policy to the same effect has been approved in principle by the College of Physicians and Surgeons in Saskatchewan – also without evidence – though it is now under review.4

Submissions made by the Protection of Conscience Project to the Colleges in Ontario and Saskatchewan during public consultations included a discussion of religious belief, secularism and pluralism which has been adapted for this presentation.  The key points are that a proper understanding of “the secular” includes religious belief rather than excluding it, that the core of a modern pluralism requires the accommodation of different world views in the public square, and that this end is not served by authoritarian edicts issued by medical regulators.

A secular public square includes religious belief.

Those who would suppress freedom of conscience and religion in the medical profession on the grounds that physicians are “providers of secular public services”(emphasis added), erroneously presume that what is “secular” excludes religious belief.  The error is exposed by Dr. Iain Benson in his paper, Seeing Through the Secular Illusion.5

"The core of a modern pluralism"Dr. Benson emphasizes that the full bench of the Supreme Court of Canada has unanimously affirmed that “secular” must be understood to include religious belief.  The relevant statement by the Court opens with the observation that “nothing in the [Canadian Charter of Rights and Freedoms], political or democratic theory, or a proper understanding of pluralism demands that atheistically based moral positions trump religiously based moral positions on matters of public policy.”

The Court rejected that view that,  “if one’s moral view manifests from a religiously grounded faith, it is not to be heard in the public square, but if it does not, then it is publicly acceptable.”

The problem with this approach is that everyone has ‘belief’ or ‘faith’ in something, be it atheistic, agnostic or religious. To construe the ‘secular’ as the realm of the ‘unbelief’ is therefore erroneous. Given this, why, then, should the religiously informed conscience be placed at a public disadvantage or disqualification? To do so would be to distort liberal principles in an illiberal fashion and would provide only a feeble notion of pluralism. The key is that people will disagree about important issues, and such disagreement, where it does not imperil community living, must be capable of being accommodated at the core of a modern pluralism.6

Thus, the Supreme Court of Canada has acknowledged that secularists, atheists and agnostics are believers, no less than Christians, Muslims, Jews and persons of other faiths. Neither a secular state nor a secular health care system (tax-paid or not) must be purged of the expression of religious belief.  Instead, rational democratic pluralism in Canada must make room for physicians who act upon religious beliefs when practising medicine.

However, College officials in Ontario and Saskatchewan are taking exactly the opposite approach.  They demand morally significant participation by all physicians in procedures known to be contrary to the teaching of major religious groups.  Such policies are inimical to the presence of religious believers in medical practice.  Where the Supreme Court has recognized that religious believers and religious communities are part of the warp and woof of the Canadian social fabric, medical regulators in Ontario and Saskatchewan act as if they don’t exist – or should be made to disappear.

Accommodate different conceptions of “the good life.”

It is worthwhile to contrast the illiberal attitude of College officials with the approach taken by Madame Justice Bertha Wilson of the Supreme Court of Canada in the landmark 1988 case R. v. Morgentaler. Addressing issues of freedom of conscience and abortion, Madame Justice Wilson argued that “an emphasis on individual conscience and individual judgment . . . lies at the heart of our democratic political tradition.”7

At this point in the judgement, Wilson was not discussing whether or not the conscience of a woman should prevail over that of an objecting physician, but how the conscientious judgement of an individual should stand against that of the state. Her answer was that, in a free and democratic society, “the state will respect choices made by individuals and, to the greatest extent possible, will avoid subordinating these choices to any one conception of the good life.”8  This statement was affirmed unanimously in 1991 by a panel of five judges, and by the full bench of the Court in1996.9

The accommodation recommended by Madame Justice Wilson and the kind of modern pluralism advocated by the Supreme Court of Canada contrast sharply with the authoritarian approach being taken by Colleges of Physicians and Surgeons in Ontario and Saskatchewan.

Avoid authoritarian solutions.

Making room in the public square for people motivated by different and sometimes opposing beliefs can lead to conflict, but, as we have seen, the Supreme Court warns against that singling out and excluding religious belief or conscientious convictions in order to prevent or minimize such conflict is a perverse distortion of liberal principles.6

It is also dangerous. It overlooks the possibility that some secularists – like some religious believers – can be uncritical and narrowly dogmatic in the development of their ethical thinking, and intolerant of anyone who disagrees with them. They might see them as heretics who must be driven from the professions, from the public square, perhaps from the country: sent to live across the sea with their “own kind,” as one of the crusaders against the Ottawa physicians put it.10

University of Victoria law professor Mary Anne Waldron provides a reminder and a warning:

Conflict in belief is an endemic part of human society and likely always will be. What has changed, I think, is the resurrection of the idea that we can and should compel belief through legal and administrative processes, or, if not compel the belief itself, at least force conformity. Unfortunately, that begins the cycle of repression that, if we are to maintain a democracy, we must break.11

On this point, it is essential to note that a secular ethic is not morally neutral.12 The claim that a secular ethic is morally neutral – or that one can practise medicine in a morally “neutral” fashion- is not merely fiction. It is an example of “bad faith authoritarianism. . . a dishonest way of advancing a moral view by pretending to have no moral view.”13

Ontario’s new policy and the one being considered in Saskatchewan illustrate one of the most common examples of “bad faith authoritarianism”: the pretence that forcing a physician who will not kill a patient to find someone willing to do so is an acceptable compromise that does not involve morally significant participation in killing.

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Notes:

1.  Submission of the Ontario Human Rights Commission to the College of Physicians and Surgeons of Ontario Regarding the draft policy, “Physicians and the Ontario Human Rights Code.” 15 August, 2008. (Accessed 2014-03-11), citing Norton K.C. “Letter to Ontario’s Attorney General expressing concern about allowing public officials to refuse to marry same-sex couples.” (Accessed 2014-03-11)

2.  Murphy S.  “NO MORE CHRISTIAN DOCTORS.”  Protection of Conscience Project (March, 2014)

3.  College of Physicians and Surgeons of Ontario, Policy #2-15: Professional Obligations and Human Rights (Updated March, 2015) (Accessed 2015-03-16)

4.  College of Physicians and Surgeons of Saskatchewan, Policy: Conscientious Refusal.

5.  Benson, I.T., “Seeing Through the Secular Illusion” (July 29, 2013). NGTT Deel 54 Supplementum 4, 2013. (Accessed 2014-02-18)

6.  Chamberlain v. Surrey School District No. 36 [2002] 4 S.C.R. 710 (SCC), para. 137 (Accessed 2014-08-03). Dr. Benson adds: “Madam Justice McLachlin, who wrote the decision of the majority, accepted the reasoning of Mr. Justice Gonthier on this point thus making his the reasoning of all nine judges in relation to the interpretation of ‘secular.'” Benson I.T., “Seeing Through the Secular Illusion” (July 29, 2013). NGTT Deel 54 Supplementum 4, 2013.  (Accessed 2014-02-18)

7.  R. v. Morgentaler  (1988)1 S.C.R 30 (Supreme Court of Canada) p. 165.  Accessed 2015-02-26.

8.  R. v. Morgentaler  (1988)1 S.C.R 30 (Supreme Court of Canada) p. 166. Accessed 2015-02-26.

9.  R. v. Salituro[1991] 3 S.C.R. 654; Québec (Curateur public) c. Syndicat national des employés de l’Hôpital St-Ferdinand, [1996] 3 S.C.R. 211 (Accessed 2015-03-05).

10.   Murphy S. “NO MORE CHRISTIAN DOCTORS. Appendix C: Radical Handmaids Facebook Page Timeline”, T___ M___, 29 January, 2014, 6:56 pm.”
Protection of Conscience Project (March, 2014)

11.  Waldron, MA, “Campuses, Courts and Culture Wars.” Convivium, February/March 2014, p. 33

12.  The distinction between ethics and morality is mainly a matter of usage. Recent trends identify ethics as the application of morality to a specific discipline, like medicine or law. In a broader and older sense, ethics is concerned with how man ought to live, while the study of morality focuses on ethical obligations. See the entry on “Ethics and Morality” in Honderich T. (Ed.) The Oxford Companion to Philosophy (2nd Ed.) Oxford: Oxford University Press, 2005.

13.   “The question of neutrality has been profoundly obscured by the mistake of confusing neutrality with objectivity… neutrality and objectivity are not the same… objectivity is possible but neutrality is not. To be neutral, if that were possible, would be to have no presuppositions whatsoever. To be objective is to have certain presuppositions, along with the manners that allow us to keep faith with them.” Budziszewski J., “Handling Issues of Conscience.” The Newman Rambler, Vol. 3, No. 2, Spring/Summer 1999, P. 4.

Conscientious objection: a good for humanity

News Release

Bratislava

Consilium Conferentiarum Episcoporum Europae (CCEE)

While in Europe, strongly marked by secularism and liberalism, there is an increasing tendency to multiply the rights of individuals, especially at the beginning and end of life, proportionally,  freedom of conscience – a fundamental right at the foundation of democracy and the Rule of law of our European countries – is increasingly struggling, especially in the medical and educational field. On the contrary conscientious objection is not used against anyone or to undermine the legal system but for the common good. In Bratislava, the legal advisers of the Bishops’ Conferences of Europe talked about the real applicability of conscientious objection in the light of the current debate in European States and the consequences-challenges to church institutions.

The meeting was held from 4th to 6th of March in Bratislava, Slovakia. This was the second meeting of legal advisers, organized by the Council of European Bishops’ Conferences (CCEE). The first one was held in Strasbourg in 2013. Representatives of the Holy See, England, Belgium, Bosnia and Herzegovina, Czech Republic, Croatia, France, Germany, Spain, Hungary, Italy, Latvia, Lithuania, Poland, Portugal, Scotland, Slovakia, Slovenia and Ukraine attended the conference. The meeting was hosted by Msgr. Stanislav Zvolensky, Archbishop of Bratislava and President of the Slovak Bishops’ Conference, who opened the conference. Msgr. Mario Giordana, Apostolic Nuncio in Slovakia and Jan Figel, currently Vice President of the Slovak Parliament, greeted the participants during the meeting.

The main address was given by Prof. Marek Šmid, Rector of the University of Trnava (Slovakia) who focused on the legal regulation of conscientious objection. There is a diversity of situations in the states of Europe. The common element of their legal systems is the fact that the regulation of conscientious objection has an important impact in a number ethically sensitive areas.

In the case of members of the Catholic Church, conscientious objection should be instituted as a legal possibility that gives people the right to refuse duty, which is contrary to the general principles of doctrine and morals of the Church. This does not mean the right to disregard the laws of the country, but to enable the individual to comply with the laws of the State and avoid compromising their conscience at the same time.

Conscientious objection is in the interests of the individual and of the state which aims to be pluralistic, democratic and respectful of the rule of law. It enables citizens to enjoy the right to freedom of conscience and religion, which is one of the core values ​​of  society. In particular the effects of conscientious objection should extend to the inviolability of human life from conception to natural death and also related health services. Its effects should also extend to the field of teaching on sexual morality in public school, marriage as a life community of one man and one woman and the exercise of freedom of religion in public life, particularly through the use of religious symbols.

In health care the right to conscientious objection doesn’t belong only to doctors but also to other professional personnel (eg. nurses, psychologists, social workers). In particular, it must be possible in the following procedures: abortion, euthanasia, artificial insemination, research and organ transplants, as has been shown by Prof. Eva Grey, of St. Elisabeth University of Health and Social Work (Bratislava). However, conscientious objection may not outweigh the duty of medical personnel to protect or save human lives.

Other fundamental points underlined during the meeting were:

  • the fact that nowadays a new dimension of conscientious objection arises with respect to aggressive promotion of gender ideology through education and antidiscrimination legislation;
  • the need to bear in mind the role of ethics code in healthcare;
  • the need to promote the institutional aspects of conscientious objection: not just individuals but also institutions (hospitals, schools) should be allowed to object;
  • the role of families in creating conditions for conscientious objection;
  • and finally, the fact that Freedom of conscience inevitably provides awareness and recognition of the fundamental values ​​of society and of individuals. The States together with the civil societies, Churches and religious communities should cooperate in accordance with the principle of subsidiarity. This principle is particularly promoted by the social teaching of the Catholic Church.

On the afternoon of Thursday 5 March participants moved to Vienna. There, they visited the European Union Agency for Fundamental Rights (FRA). Then, they were introduced to the challenges for Church organisations in the current discussion on development of antidiscrimination laws by Ms Gudrun Kugler, President of the Observatory on Intolerance and Discrimination against Christians in Europe.  In the Austrian Capital they also met with Mgr. Janusz Urbańczyk and Mgr. Marinko Antolović from the Holy See’s Permanent Mission at the Organization for Security and Co-operation in Europe (OSCE).

Through a video recorded address from Judge Marta Cartabia, Vice President of the Italian Constitutional Court, participants were also introduced to the theme of freedom of expression. The Church strongly defend this fundamental right being aware, however, that nowadays freedom of expression, especially when it concerns the religious dimension of people, might need a reasonable accommodation between the State and religious communities. In case of conflict, experiences show that a better regulation of this right is reached where a Concordat – Agreement between the State and the Church has been established. Bilateral Agreement, in fact, remains the more reasonable solution in a pluralistic society preserving this pluralism without provoking the annulment of the differences or creating homologation.

In Bratislava, participants took also note on the recent redefinition of marriage in Slovenia and supported together with Slovenians bishops the efforts of civil society to overrule the complete assimilation of same-sex unions with the different-sex ones by the people in a referendum.

The final session saw a reflection followed by a dialogue with Msgr. Paul Gallagher, Secretary for the Relations with States (Holy See’s Secretariat of State) on The challenges for today’s Church in Pope Francis’ addresses to the European Parliament and the Council of Europe. Msgr. Gallagher stressed Pope Francis’ reflection on the need that we should rebuild “a Europe which contemplates the heavens and pursues lofty ideals”.

At the end of the meeting José Jesus López Nieto, legal adviser of the Spanish Bishops’ Conference, presented the conclusion of a short questionnaire that CCEE disseminated earlier this year. According to the responses received, it is important that CCEE fosters this network of Legal Advisers and to engage more with the specific invitation that Pope Francis has addressed to CCEE in Stasbourg to follow more deeply the activities of the Council of Europe, with the help of the Permanent Mission of the Holy See to the Council of Europe, represented during the meeting by Mgr. Paolo Rudelli, its Permanent Observer.

Wake up to the war on Catholic doctors

From midwifery to geriatrics, Catholics are being driven out of vast areas of the medical profession. We need to fight back now.

Catholic Herald (UK)

John Duddington

Imagine you are a Catholic who has just finished general medical training and is now seeking experience in the field of obstetrics and gynaecology.

At the interview for a training post you are not asked “Are you a Catholic?” That would be discrimination on grounds of religion. Instead, you are asked: “Are there any procedures that you would not be able to do?” You answer: “Yes. Abortion.”

Shortly afterwards, you hear you haven’t been chosen for the position. The letter doesn’t mention your conscientious objection to abortion. That is the reason for your rejection, but the letter covers that up by saying the job was given to a “better” candidate. This actually means “more suitable”, as the candidate will be willing to perform the abortions that the post demands. You will now have to change specialties.

Evidence is naturally anecdotal, but my research suggests that virtually all Catholic obstetricians and gynaecologists in Britain have trained abroad and it is virtually impossible not only for Catholics but also for others with strong religious convictions to train here in these areas. . . [Full Text]

Moral Reflections on Vaccines Prepared from Cells Derived from Aborted Human Foetuses

Pontifical Academy for Life; Congregation for the Doctrine of the Faith

PONTIFICIA ACADEMIA PRO VITA

Il Presidente
Prot.n.P/3431

Vatican City,
June 9 2005

Mrs Debra L.Vinnedge
Executive Director, Children of God for Life
943 Deville Drive East
Largo, Florida
33771
Stati Uniti

Dear Mrs Debra L.Vinnedge,

On June 4, 2003, you wrote to His Eminence Cardinal Joseph Ratzinger, with a copy of this letter forwarded to me, asking to the Sacred Congregation of the Doctrine of Faith a clarification about the liceity of vaccinating children with vaccines prepared using cell lines derived from aborted human fetuses.  Your question regarded in particular the right of the parents of these children to oppose such a vaccination when made at school, mandated by law. As there were no formal guidelines by the magisterium concerning that topic, you said that catholic parents were often challenged by State Courts, Health Officials and School Administrators when they filled religious exemptions for their children to this type of vaccination

This Pontifical Academy for Life, carrying out the commission entrusted to us by the Congregation for the Doctrine of Faith, in answer to your request, has proceeded to a careful examination of the question of these “tainted” vaccines, and has produced as a result a study (in Italian) that has been realized with the help of a group of experts. This study has been approved as such by the Congregation and we send you, there enclosed, an English translation of a synthesis of this study. This synthesis can be brought to the knowledge of the interested officials and organisms.

A documented paper on the topic will be published in the journal “Medicina e Morale”, edited by the Centra di Bioetica della Universita Cattolica in Rome.

The study, its synthesis, and the translation of this material took some time. We apologize for the delay.

With my best regards,

Sincerely yours,
+E.Sgreccia

 00193 Roma – Via della Conciliazione, 1 – Tel. 06 698.82423 – 06 698.81693 – Fax 06 698.82014

See Moral Reflections on Vaccines Prepared from Cells Derived from Aborted Human Foetuses 

Groups make effort to protect physicians’ conscience rights

 The Catholic Register

Deborah Gyapong, Canadian Catholic News

OTTAWA – Doctors’ conscience rights are threatened by a proposed policy of the College of Physicians and Surgeons of Ontario (CPSO) that may force them to refer patients for morally problematic procedures, warn some physicians’ organizations.

The CPSO has given a Feb. 20 deadline for input into the policy that would force physicians to refer patients for procedures such as abortion and assisted suicide (the Supreme Court on Feb. 6 struck down prohibitions against assisted suicide) against their consciences. The College of Physicians and Surgeons of Saskatchewan is also considering similar changes to its policy, with a deadline of March 6 for public input.

The Christian Medical and Dental Society (CMDS) Canada has been working closely with the Canadian Federation of Catholic Physicians’ Societies in rallying opposition to the proposed changes.

“The proposed policy demands that doctors refer for, and in some cases actually perform, procedures like birth control, abortion and even euthanasia,” said CMDS executive director Larry Worthen. “Physicians would have to perform these procedures when the regulator considers them to be ‘urgent or otherwise necessary to prevent imminent harm, suffering and/or deterioration.’  . . . [Full Text]