Update on American HHS controversy

The Department of Health and Human Services has confirmed a regulation that will require businesses with over 50 employees to provide health insurance for birth control and surgical sterilization, even if they object to doing so for reasons of conscience.  The regulations includes exemptions for objecting “religious employers” (largely limited to houses of worship) and objecting religious non-profit organizations.  However, the continued demand that objecting business owners be forced to comply and the nature of the exemptions remain unacceptable to many religious organizations.  Speaking for the Becket Fund for Religious Liberty, Eric Rassbach, Deputy General Counsel, said:  

When it comes to religious liberty, the Department of Health and Human Services is acting like a kid who doesn’t want to eat his lima beans. Our Constitution and laws require them to protect religious exercise, but they really don’t want to, so they are trying every trick in the book to avoid doing so. But we will keep suing until the courts make HHS comply with its obligations. [Becket Fund News Release]

The U.S. House of Representatives Energy and Committee has issued a report accusing the Obama administration and Department of Health and Human Services of “unprecedented abuse” of religious liberty.

There are now 61 civil suits filed against the regulation, with over 200 plaintiffs. [Becket Fund, HHS Information Central].  In one of them, a unanimous decision by the10th Circuit Court of Appeals in Denver has directed a lower court allow a civil suit brought by Hobby Lobby, a chain of arts and crafts stores.  The owners of the company object to being forced to provide embryocidal forms of birth control.  They are seeking an injunction against the enforcement of the regulation [The Tennessean].  A Largo, Florida, company with the same objections has been granted a preliminary injunction [Tampa Tribune], as has Geneva College, a Christian college in Pennsylvania [NCR].

American Catholic bishops have been adamant that the HHS regulation is unacceptable, once again declaring a “Fortnight for Freedom” from 21 June to 4 July to encourage opposition to it and support for freedom of religion.  Timothy Cardinal Dolan, Archbishop of New York, has been one of the leading opponents of the law.  The Archdiocese of New York is among the plaintiffs in the lawsuits against the regulation.  However, the Archdiocese of New York has, for years, been indirectly paying for health insurance for employees of the Catholic Health Care System that includes coverage for contraception and abortion.  The arrangement was approved by Cardinal Dolan’s predecessor, Archbishop John O’Connor, who died in 2000.  A spokesman for the Archdiocese stated that the coverage is provided “under protest.”  [New York Times]

Personal Opinions and Ideology, Not “Science”

From Conscience and its Enemies: Confronting the Dogmas of Liberal Secularism

Robert P. George*

On September 11, 2008, the President’s Council on Bioethics heard testimony by Anne Lyerly, MD, chair of ACOG ‘s Committee on Ethics. Dr. Lyerly appeared in connection with the council’s review of her committee ‘s opinion (No. 385) entitled “Limits of Conscientious Refusal in Reproductive Medicine.” That opinion proposes that physicians in the field of women’s health be required as a matter of ethical duty to refer patients for abortions and sometimes even to perform abortions themselves .

I found the ACOG Ethics Committee ‘s opinion shocking and,  indeed, frightening. One problem was its lack of regard – bordering on contempt , really – for the sincere claims of conscience of Catholic, Evangelical Protestant , Orthodox Jewish , and other pro-life physicians and health-care workers. . .[Full text]

What role does Conscience play in Medical Ethics?

  • D. Vincent Twomey, SVD* | . . . conscience is assumed to be a purely subjective thing, a personal preference . . .that is fundamentally irrational. . . The sincerity of those who hold a subjective view of conscience is not in doubt. But is it enough? More importantly, what is wrong about that all-pervasive contemporary understanding of conscience? For the rest of this paper, I will concentrate on such a misunderstanding in the hope of clarifying what conscience in fact is. . . Full Text

Most Flemish physicians avoid euthanasia

Only 400 of 20,000 Flemish physicians are trained to provide euthanasia.  It appears that most physicians do not want to be directly involved with it.  In consequence, the 400 are called upon frequently to provide the required second opinion and sometimes the lethal injection.  There have been complaints that they are not paid for the second opinion. [Bioedge]  Confirming the reluctance of physicians to participate in the procedure, Dr. Sarah Van Laer complains that “there are too few doctors ready to perform euthanasia” and that this is a “badly underestimated problem.” [Bioedge]

Letter to General Medical Council (UK) re: conscientious objection to abortion

 Peter Saunders

When two Glasgow midwives won the right to opt out of supervising abortions last April I suggested that the General Medical Council (GMC) needed to revise its professional guidance on the matter which now seemed to be at odds with the law.

At the time Niall Dickson (pictured), the GMC’s chief executive, actually told the Guardian that the GMC would need to consider the implications of the judges’ decision on its guidance. He is quoted as saying:

We will study the outcome of this ruling, which has just come out, to see if there are any implications for our guidance. We already have clear guidance which says that doctors should be open with employers and colleagues so they can practise in accordance with their beliefs without compromising patient care.

As I have heard nothing further from the GMC about the matter, and almost two months have passed, I have today written to Mr Dickson to ask what is happening. [Full text]