The Canadian Pharmacists Association has been asked by the Canadian Organization for Life and Family to ensure that pharmacists disclose to patients the fact that the morning-after pill can cause the death of the early embryo by preventing implantation. COLF, which addresses life issues for the Canadian Conference of Catholic Bishops, also asked the Association about its policy on freedom of conscience for pharmacists who do not wish to dispense the morning-after pill. [COLF letter]
Category: News
Project Letter to the Western Standard
14 May, 2004
Should doctors be forced to abandon their faith? by Terry O’Neill draws attention to the problem of freedom of conscience in health care.
A bit of history is instructive. The first protection of conscience clause debated in the House of Commons was introduced by M.P. Robert McCleave as an amendment to the Omnibus Bill that legalized abortion in Canada in 1969. Mr. McCleave believed that abortion should be legalized, but also believed that ‘freedom of choice’ should be extended to health care workers.
Compare Mr. McCleave’s notion of ‘choice’ with that espoused by Joyce Arthur. Speaking for the “Pro-choice Action Network,” she refuses to respect the choices of health care professionals who do not wish to participate morally controversial procedures. She seems to believe that freedom of conscience is a problem to be solved by abolishing it, at least in the case of those who don’t agree with her. Arthur’s position is doubly ironic, since Henry Morgantaler justified his defiance of Canadian abortion law in a 1970 article titled, A Physician and His Moral Conscience.1
Referral is not a satisfactory solution for many physicians who have grave moral objections to a procedure. Objecting physicians hold themselves morally culpable if they facilitate an abortion by referring a patient for that purpose. Nor is this an unusual view. Consider the controversy in Canada over the deportation and torture of Maher Arar. This suggests that few believe that one can avoid moral responsibility for a wrongful act by arranging for it to be done by someone else.
Certainly, Joyce Arthur does not consider abortion to be a wrongful act. However, she has not explained why others should be forced to abide by her moral views.
Unfortunately, between the writer’s desk and publication, a couple of factual errors were introduced into the story.
In the first place, the Project followed the case from the outset, and the student was provided with the same kind of service extended to others in similar situations. His relationship with the Project has been cordial, but it is incorrect to describe me as “a friend of the would-be doctor.” We have never met.
More important, the final paragraph attributes to me statements that I did not make. While I am, nonetheless, in agreement with a number of the points made, I did not suggest that a devout Muslim doctor might refuse to treat women, nor make any statement to a similar effect.
It would be most unfortunate if this falsely attributed statement were to contribute to the already adverse social pressures experienced by Muslims in North America. Muslim health care workers and students are welcome to contact the Protection of Conscience Project. One of the Project advisors is Dr. Shahid Athar, a regent and former vice-president of the Islamic Medical Association of North America and the Chair of its Medical Ethics Committee
Notes
1. The article appeared anonymously in The Humanist. Quoted in Pelrine, Eleanor wright, Morgantaler: The Doctor Who Couldn’t Turn Away. Canada: Gage Publishing, 1975, P. 79
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
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]