Morals in medicine

 Senate passes “right of conscience” bill after harrowing testimony

Illinois Times

Patrick Yeagle

Mindy Swank of Chicago grew up in a conservative household – both religiously and politically – so when her pregnancy went wrong, it was a difficult decision to have an abortion.

She and her husband, Adam, were excited to have their second child, she told an Illinois Senate legislative panel at the Capitol in March, but their doctors informed them the child likely wouldn’t survive. Having the child, they were told, could hurt Mindy’s ability to have future children and possibly endanger her life. Instead of receiving the abortion, however, Mindy endured a dangerous, weeks-long miscarriage.

Mindy told her story to the Illinois Senate Judiciary Committee on March 17, testifying about a bill that could have prevented her ordeal. The bill passed the full Senate on April 23 and awaits a vote in the House. . . [Full text]

Colombian Physicians Get the Final Go-Ahead for Euthanasia

18 Years of Legal Limbo Over with New Regulatory Protocol

Pan Am Post

Sabrina Martín

An 18-year wait came to an end on Monday, April 20, when Health Ministry authorities presented guidelines for Colombian doctors to perform euthanasia. The Constitutional Court ordered them to set the protocols in a February decision, after declaring the practice legal all the way back in 1997.

Medical practitioners in the Andean country have routinely refused to support assisted suicide, fearing criminal charges. Even with the court judgment standing, there was simply no regulatory environment. . . the Health Promotion Agency (EPS) is tasked with finding an alternative doctor or health center if the patient’s usual provider refuses to help him die. [Full text]

Bill would make Catholic hospitals tell patients about options elsewhere

Chicago Tribune

Manya Brachear Pashman

Angela Valavanis, shown with her children Ariana, 5, left, and Dylan, 23 months, and husband Stel, learned minutes before Dylan’s delivery that her hospital would not be able to provide the tubal ligation she had requested months earlier in the event of a cesarean section because the procedure would violate Catholic teachings.

A measure before Illinois lawmakers would require Roman Catholic hospitals to tell patients they can go elsewhere for birth control, certain medical procedures and other health care choices that violate church teachings.

The proposal would amend the state’s Health Care Right of Conscience Act, which generally allows workers and institutions to deny services for religious and ethical reasons. And while it would apply to all hospitals in Illinois, it’s particularly relevant for Catholic hospitals, which handle more than 1 in 4 admissions statewide. . . [Full text]

Conscience and Community: Understanding the Freedom of Religion

Responding to Protections and Applications of the First Amendment Today

Georgetown University,
Berkley Center for Religion, Peace and World Affairs
Cornerstone
Reproduced with permission

Richard Garnett*

“Religion,” said Justice William Douglas in his Wisconsin v. Yoder (1972) opinion, is “an individual experience.” The opinion was a partial dissent, and this statement is partially correct. But, it does not tell the entire story.  Many “religious experiences” are those of monks, mystics, and prophets – and of salesmen, coaches, teachers, and cops. But, many are also of peoples and tribes and congregations. As Justice Douglas’s colleague, Justice William Brennan, insisted in Corporation of the Presiding Bishop v. Amos (1987), “[f]or many individuals, religious activity derives meaning in large measure from participation in a larger religious community. Such a community represents an ongoing tradition of shared beliefs, an organic entity not reducible to a mere aggregation of individuals.” [Full Text]

Agreement reached on conscience rights

Catholic Conference of Illinois

Last month, we posted about an attack on the Illinois Health Care Right of Conscience Act in the form of Senate Bill 1564.

The Illinois Health Care Right of Conscience Act allows medical personnel and health care facilites to avoid participating in medical procedures — such as abortion, sterilization, and certain end-of-life care — that violate their beliefs and values.

The original form of Senate Bill 1564 easily passed a Democratic-led Senate committee on a 7-3 vote.

The Catholic Conference of Illinois and the Illinois Catholic Health Association worked to modify this bill to protect the conscience protections of doctors, hospitals, and health care facilities. The original  form of Senate Bill 1564 mandated referrals and had a section stating that if there is a delay in the provision of health care there is no conscience right. We could not allow that to happen, especially since the sponsor of the legislation had the votes to pass SB 1564 in its original form after it had passed committee.

We reached an agreement with the bill’s sponsor that reflects the current medical practices in Catholic hospitals. Catholic health care ethicists and Catholic hospital lawyers participated in the negotiations.

We are now taking a neutral stance regarding Senate Bill 1564. A neutral stance means that we neither support nor oppose the bill.

PLEASE NOTE THAT THE AMENDED SB 1564 REQUIRES NO ONE TO TELL PEOPLE WHERE ABORTIONS CAN BE OBTAINED.