Category: News

Pro-life nurse reaches settlement agreement with Oregon health department over request for religious accommodation, abortion

Rutherford Institute Attorneys, Health Department Agree on Resolution to Implement New Policies

Salem, Ore.— Attorneys for The Rutherford Institute have reached a mutually agreeable resolution with the Marion County Health Department on behalf of Janice Turner, a public health nurse who lost her job with the health department due to her deeply held religious belief that life begins at conception. The settlement agreement provides for the enactment of two new policies.  The first policy guarantees that all clients who receive emergency contraception, a.k.a. “the morning after pill,” will be informed in easily understandable terms that it functions by preventing the implantation of a fertilized ovum if conception has already occurred. The second policy, a general statement of employees’ rights to religious belief and expression within the workplace, prevents discrimination based upon religious or moral beliefs regarding abortion or contraception and requires the health department to accommodate those beliefs.  Patterned after existing Conscience Clause legislation, this policy ensures that employees who refuse to accept job duties that contradict their religious or moral beliefs regarding abortion or contraception can do so without fear of being fired, demoted, transferred or disciplined.

Turner, who worked for the Health Department from 1990 until July 2001, had early on in her employment expressed her religious opposition to abortion and requested accommodation from having to discuss or promote abortion procedures with her patients. According to Turner, her initial supervisor accommodated her religious beliefs and allowed her to refer those patients wanting to receive emergency contraception or information about abortion to another nurse. However, in 1995, a new supervisor was appointed to the Women’s Clinic who declared herself to be pro-choice and allegedly acted in a manner intolerant of other viewpoints. According to Turner, this new supervisor stated her expectation that everyone on staff discuss emergency contraception with patients as “a method of contraception that will prevent a pregnancy” and discouraged the nurses from referencing it as a possible abortifacient.  Turner claims that her supervisor continually reiterated her distaste for Turner’s pro-life views regarding emergency contraception and repeatedly told her that she “was not a complete nurse.”  During Turner’s final evaluation, the supervisor warned Turner that her position could be cut in the department budget, and if Turner wanted another position in the department, she would have to be willing to dispense emergency contraception. Attorneys for The Rutherford Institute filed a complaint in Janice Turner’s behalf last year in U.S. District Court.

“This is a timely issue which brings to light the importance of protecting health care workers’ rights, especially those who have sincerely held religious beliefs regarding abortion,” stated John W. Whitehead, president of The Rutherford Institute.  “It is also heartening to see that women, some of whom may have religious beliefs against taking an abortifacient, will be given complete information regarding the effect of the morning-after pill on a possibly fertilized ovum and its medical implications.”

The Rutherford Institute is an international, nonprofit civil liberties organization committed to defending constitutional and human rights.

Nisha N. Mohammed Ph: (434) 978-3888, ext. 604;
Pager: 800-946-4646, Pin #: 1478257
Email: Nisha N. Mohammed

Louisiana Health Dept. Reverses Itself In “Morning-After” Pill Case

State Agrees To Provide Religious Accommodation For Nurse After Discrimination Complaint Filed With EEOC

News Release

American Center for Law and Justice

(New Orleans, LA) – The American Center for Law and Justice, an international public interest law firm committed to protecting life, announced today that the Louisiana Department of Health and Hospitals has reversed itself and has now agreed to stop discriminating against a public health nurse from New Orleans who was threatened with termination for refusing to dispense pregnancy-ending medication – a job requirement that violates her deeply held religious beliefs.

The move comes less than one week after the ACLJ filed formal complaints with the Equal Employment Opportunity Commission (EEOC) and the Louisiana Commission on Human Rights contending that Louisiana Dept. of Health and Hospitals is discriminating against the nurse because of her religious beliefs.

“We’re delighted that the religious beliefs of our client will now be accommodated in the workplace,” said Stuart J. Roth, Senior Counsel of the ACLJ, which is representing the nurse. “From the beginning, our client just wanted to do her job without violating her conscience and her religious beliefs. Unfortunately, it took formal action on our behalf and publicity about the case before the state agreed to do what it should have done all along – stop threatening and criticizing our client and permit her to work without violating her religious beliefs.

Last week, the ACLJ filed complaints with the EEOC and the Louisiana Commission on Human Rights on behalf of Cynthia Day of Marrero, Louisiana who is employed as a Public Health Nurse III with the Louisiana Department of Health and Hospitals, Office of Public Health at a clinic in New Orleans. The complaints contend that Day repeatedly told her supervisors that she could not dispense what is known as an emergency contraception pill, also known as a “morning-after” pill – medication designed to end pregnancies. Day says she holds a sincere religious belief that human life, beginning at fertilization, is sacred and cannot be harmed in any way.

But instead of accommodating her beliefs, the complaints contend that Day was criticized for her beliefs and threatened with being fired. In fact, as the complaints were being filed last week, Day received a disciplinary letter from her employer – a letter proposing a five-day suspension without pay for insubordination.

Then, within days of filing the complaints and following publicity about the case, Day received a letter from Madeline W. McAndrew, Assistant Secretary of the Dept. of Health and Hospitals. In the letter dated October 25th, McAndrew said the Health Department “is rescinding the proposed action and will accommodate your request based on religious and moral grounds.” McAndrew told Day that she instructed officials to “immediately remove you from any duties that require you to discuss or provide the emergency contraception pill.” At the same time, McAndrew stated that a listing of “reassignment opportunities” will be made available to Day “for future permanent duty assignments to accommodate your request …”

“We plan to withdraw the complaints filed with the EEOC and with the Louisiana Commission on Human Rights when our client receives the accommodation,” said Roth. “We will continue to work with our client to ensure that her religious beliefs are accommodated and monitor the ongoing employment status very closely to make sure she is not discriminated against in the workplace.”

“This is a very important victory in one of the fastest growing areas of pro-life litigation – protecting the conscience rights of health care workers,” said Roth.

The resolution of the Louisiana case comes on the heels of a major federal court decision in California. In May 2002, the ACLJ successfully convinced a jury that Riverside County violated the constitutional rights of a former nurse who was fired from her job for refusing to dispense “morning-after” medication. A federal court jury found that the county violated her First Amendment rights of free speech, freedom of religion, and failed to reasonably accommodate her religious beliefs. Damages in that case – including a jury award and attorney’s fees – totaled $100,000.

The American Center for Law and Justice is an international public interest law firm specializing in constitutional law and protecting human life. The ACLJ is headquartered in Virginia Beach, Virginia, USA.

Ontario College of Physicians and Surgeons accommodates Christian physician

 Sean Murphy*

The Ontario College of Physicians and Surgeons has accepted a suggestion from Dr. Stephen Dawson that has resolved complaints lodged against him. Dr. Dawson, a Christian physician who practises in Barrie, Ontario, was charged for professional misconduct because he refused to prescribe birth control pills to four unmarried women.

Dr. Dawson now posts a policy statement in his waiting room that includes a statement that he will not prescribe birth control pills to unmarried women nor Viagra to unmarried men, nor will he arrange for abortions. He will not offer further information about his religious convictions except in response to queries from patients. [Full text]

 

No Hospitality: The Unborn and the ACLU

BreakPoint
Commentary #020308 – 03/08/2002
Reproduced with permission

Charles Colson

Few, if any, organizations in the world promote abortion as zealously as the American Civil Liberties Union. Now it’s training its guns on hospitals.

A new ACLU report recently released complains that access to abortions is “increasingly jeopardized by the imposition of religious beliefs in the health care context.”

This deceptive language suggests that a Catholic or Baptist or Presbyterian hospital is “imposing” its beliefs on a woman by refusing to kill her unborn child. “No,” is equated with “imposing.” Well, the fact is that it’s the ACLU that would impose its zeal for killing the unborn on those who disagree.

Naturally the report doesn’t quite say it that way. The ACLU website  says, “It is often . . . appropriate to accommodate an individual health professional’s refusal to provide a service . . . ”

That sounds good, but read the fine print. It goes on to say “but only if the patient is ensured safe, timely, and feasible alternative access to treatment” — which means that if the woman can’t get an abortion nearby, medical personnel at a religious hospital have to perform it even though it is against their deepest convictions.

While the report concedes that an individual might be excused, it concedes nothing to the institution. The report states that hospitals  “operating in the public world and serving and employing a religiously diverse population . . . ought to play by public rules.” To do otherwise is viewed as a violation of  “reproductive rights” and a failure “to provide basic health care.”

But wait a minute — Public Rule number 1 is the First Amendment, guaranteeing the free exercise of religion. Clearly the ACLU and theabortion industry want to eviscerate the exercise of religious conviction in faith-based medical centers.

Christians and other people of compassion have established hospitals to heal the sick and care for the dying. They’re motivated by a concern for the ill — and also by the desire to obey God. The Scriptures command, “Practice hospitality” (Romans 12:13).  The ministry of “hospitality” means gracious, tender care for friend and stranger alike.

Hospitality does not mean doing anything and everything to please a guest. If a friend comes over asking for a gun to kill himself, we invite him in, comfort him, and encourage him to choose life. We don’t give him what he wants; rather we give him what he needs. In the same way, we don’t kill an unborn child because the child’s mother says he or she is unwanted.

I am thrilled that President Bush has reiterated his commitment to faith-based institutions, both in his State of the Union address and  in his recent message to Congress with a new faith-based bill.  Religious hospitals are one more good example of faith-based solutions that get the job done. And these hospitals need to be protected by law.

A pregnant woman and her child deserve real hospitality that affirms life and gives them wise counsel. And hospitals must remain free to minister in the name of Christ. It’s a shame the ACLU can’t practice a little hospitality toward these ministries of compassion.

Copyright (c)  2002          Prison Fellowship Ministries. Reprinted with permission. “BreakPoint with Chuck Colson” is a radio ministry of Prison Fellowship Ministries.

Traumatised health care professionals forced to take part in abortion procedures

News Release

Doctors for Life, South Africa

The incident at Philadelphia Hospital again highlights the unbearable pressure exerted on healthcare professionals to take part in the Termination of Pregnancy Act against their conscience. The following quotes were collected from traumatized Health Care Professionals whom Doctors For Life contacted:

Healthcare worker 1: “I never really understood what a TOP was, and didn’t really think to find out, I didn’t ask the patient why she was crying before she went in, I just held her hand and told her it would be okay. When the procedure was nearing the end, I looked into the vacuum bottle to see what I could see. A hand with an arm attached to it, a tiny leg, with a kneecap, and a head without the mouth. This little tot must have been about 16 – 18 weeks. Then the realisation hit me, this is why she was crying.”

“On one occasion the nursing sister thrust open the door of the sluice room and demanded that I stay away. Being a woman, it’s never easy to say; ‘I must stay away’ we are all as inquisitive as cats. I peered into the sluice room and saw a tiny baby girl. She must have been about 23 – 25 weeks old. My heart lurched into my throat, to see this little girl gasping for air, and her little arms were grasping at air.”

“My response was to wrap her up and take her home and try and make her live. I didn’t, and she wouldn’t have made it. She tried to cry, and little grunting noises were falling on deaf ears. I too turned my back on her, and went to sit in the linen room until she passed away.”

Healthcare worker 2: ” I don’t know who to talk to, I don’t want to have part in abortion because of my convictions, but am being pressurised by the government to work in the woman’s ward. They give abortion tablets and we have to complete the mess. I am too afraid to speak over the radio for fear that my voice may be recognised and because I need to consider my income.”

Healthcare worker 3: “I work at the T.O.P. clinic but I do not want to work here yet I am being pressurised to do so. Somebody needs to stop this. They can’t do this”

Healthcare worker 4: “They are very subtle, I stood up against abortion, and afterwards there were the following repercussions: I did not get any promotion; everything I said they shot down. The district nominated me to attend a seminar, but the director said I could not go because I am against abortion. I don’t think I will speak over the radio. Everything to do with abortion gives me a mental block.”

Healthcare worker 5: “Of cause it is a traumatic experience to be part of an abortion procedure. Once I was called to take an aborted baby to the sluice. It traumatised me for a long time”

Doctors For Life International (DFL) represents 750 doctors, specialists and professors of medicine from different medical faculties across South Africa.

Doctors For Life will assist and give legal advice in cases where nurses, doctors and other healthcare workers are being pressurised to have part in abortion procedures against their conscience.

Enquiries: Dr Jay Mannie (Dep. CEO)

Mobile phone: +27(0)83 6414 382
More Information: www.dfl.org.za