Illinois controversy about legislative overreach

 Catholic bishops withdraw opposition, others remain opposed

Confrontation centres on complicity

Sean Murphy*

 Introduction

Among American states, Illinois has the most comprehensive protection of conscience legislation, the Health Care Right of Conscience Act (HCRCA). In 2009 an attempt was made to nullify the Act with respect to abortion, contraception and related procedures by introducing HB 2354 (Reproductive Health and Access Act), but the bill died in committee two years later.1 Now it appears that the HRCA may be changed by Senate Bill 1564. Critics say the bill tramples upon physician freedom of conscience,2 while the bill’s supporters, like the American Civil Liberties Union (ACLU), claim that the bill is “about making sure no one is withholding information from the patient.”3

SB 1564 was actually drafted by the ACLU,3 but it was introduced by Illinois Senator Daniel Biss. He said that the amendments were partly in response to the case of a woman who was miscarrying over several weeks, but who was refused “diagnosis or options” in the hospital where she had sought treatment.4  Senator Bliss was apparently referring to the story of Mindy Swank, who testified before a Senate legislative panel about her experience.  The Illinois Times reported that she suffered “a dangerous, weeks-long miscarriage” because of the refusal of Catholic hospitals to provide abortions.5

Unfortunately, the Illinois Senate Judiciary Committee does not record or transcribe its hearings, and conflicting news reports make it difficult to determine exactly what happened at some critical points in her story.  Moreover, it appears that the Committee did not hear from the hospitals and physicians who were involved with Ms. Swank, so we are left with a one-sided account of what took place.6

Nonetheless, as a first step in considering the particulars of the bill and the controversy it has engendered, it is appropriate to review the evidence offered to support it.  We will begin with Mindy Swank’s testimony, even if some details are lacking, and then examine the experience of Angela Valavanis, a second case put forward by the ACLU to justify SB 1564.7  [Full Text]

10 thoughts on “Illinois controversy about legislative overreach”

  1. Pingback: Bill OK’d by committee would give more information to patients | Protection of Conscience Project Blog
  2. Pingback: Agreement reached on conscience rights | Protection of Conscience Project Blog
  3. Pingback: Illinois Senate approves health-care conscience update | Protection of Conscience Project Blog
  4. Pingback: Morals in medicine | Protection of Conscience Project Blog
  5. Pingback: Statement of Catholic Citizens of Illinois on SB#1564, Health Care Right of Conscience Act | Protection of Conscience Project Blog
  6. Pingback: Illinois Women’s Health and Life Alliance Urges House Defeat of SB 1564 | Protection of Conscience Project Blog
  7. Pingback: Opposition Mounting Against “Right of Conscience” Act | Protection of Conscience Project Blog
  8. Pingback: An Open Letter to the Illinois Legislature | Protection of Conscience Project Blog
  9. Pingback: In Illinois, Bishops and Pro-Life Groups Differ on ACLU Conscience Bill | Protection of Conscience Project Blog
  10. Pingback: Bill would make Catholic hospitals tell patients about options elsewhere | Protection of Conscience Project Blog

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