Who is “imposing morality” in Barrie?

Winnipeg, Manitoba
5 April, 2002

Sean Murphy,  Administrator
Protection of Conscience Project

The Canadian Broadcasting Corporation (CBC) is Canada’s publicly funded state radio and television broadcaster. The following was sent to the CBC in Winnipeg, Manitoba, asking whether or not it would be accepted for broadcast in the same region where Dr. Goldman’s editorial was aired. The CBC did not  reply.

In an editorial broadcast on CBC Radio on 7 March, 2002, Dr. Brian Goldman criticized Dr. Frederick Ross of Winnipeg, Manitoba, and Dr. Stephen Dawson of Barrie, Ontario. Dr. Ross had told his patients to stop smoking or find another doctor, while Dr. Dawson had refused to prescribe birth control pills or Viagra to single patients.

It does not seem that Winnipeg’s Dr. Ross believes that treating smokers is wrong, nor that it would be wrong to refer a smoker to another physician. His public statements do not preclude the possibility that he would treat smokers on an ad hoc basis (while standing in for an absent partner, for example).

In contrast, Dr. Dawson refuses to help single patients obtain birth control pills and Viagra under any circumstances, because he believes that by doing so he would be a party to immoral activity (i.e.,extramarital sex). Dr. Goldman was more sympathetic to this position, but criticized Dawson because he would not refer patients to other physicians who would prescribe the drugs.

Dr. Goldman recognized that his colleagues were acting for different reasons, but in drawing his conclusions he failed to maintain this distinction or recognize its significance. It is one thing to refuse to do something because it is inconvenient, difficult, frustrating, or pointless; it is quite another to refuse to do something because it is wrong. Grasping this distinction is the key to understanding the difference between the case of Dr. Ross, which does not seem to involve conscientious objection, and that of Dr. Dawson, which plainly does.

What some characterize as Dr. Dawson’s inflexibility actually illustrates the normal human reaction to a request to do something wrong. For example, a fifty year-old man who wanted to have sex with a fourteen year- old girl might be refused the use a friend’s apartment for that purpose. Nor would it be surprising if the unco-operative  friend also refused to refer the lecher to a more ‘flexible’ apartment owner.

We see the same principle at work in criminal law. It is an offence not only to commit a crime directly, but to counsel, aid or abet a crime committed by someone else. Again: many people who engage in ‘ethical investment’ do so because they do not want to be implicated, even indirectly, in business practices to which they object for reasons of conscience, even if the practices aren’t illegal.

Now, no one is suggesting that consensual extramarital sex between adults is morally equivalent to criminal activity. But when Dr. Dawson refused to provide birth control for single patients, he reacted exactly as an ‘ethical investor’ might react if asked to purchase shares in a company that exploits child labour. He reacted exactly as an honest man would act were he asked to help someone lie or cheat. In other words, he  acted as if extramarital sex really is wrong, and that its wrongness is not merely a matter of opinion or taste. That, in truth, is what has upset many of his critics; he has disturbed their repose in their  comfortable pews.

Of course, one may criticize a physician for causing needless distress to a patient by offering a poorly articulated or inappropriate explanation of his moral position. But that was not Dr. Goldman’s concern. Instead, he complained that Dr. Dawson had acted upon his own beliefs.

In fact, Dr. Goldman does exactly the same thing. He believes that he does nothing wrong by providing single patients with contraceptives and Viagra, and he acts upon that belief by writing prescriptions. Why should Dr. Goldman be allowed to act upon his beliefs by writing prescriptions, while Dr. Dawson is forbidden to act upon his by refusing  to do so? Is it because “the true north strong and free” is afraid of religious believers?

A physician who refuses, for reasons of conscience, to do something he believes to be wrong – falsifying a diagnosis, amputating a healthy limb, or prescribing contraceptives – does not force a patient to conform to his moral code. He is not “imposing morality.” To see what  “imposing morality” really means, watch this month when the Ontario College of Physicians and Surgeons tries to force Barrie’s Dr. Stephen Dawson to give up his Christian convictions, on pain of professional excommunication.

Emergency contraception a flawed choice

London Free Press
March 19, 2002

Reproduced with permission

Sharon  Osvald

Tomorrow, the first day of spring, a coalition of American national, state and local organizations will take Walt Disney’s Bambi’s notion of “being twitter pated” to a new level.

March 20 is the kick-off to their first annual “back up your birth control” campaign. On that day, women all over the U.S. will be asked, regardless of their need, to request emergency contraceptives (EC) from their doctors. Doctors will promise to tell their patients about EC; pharmacists will talk to their customers about it and activists will lobby both state and federal legislatures in favour of more access and awareness of EC.

Similar campaigns to support what many call the morning pill have been taking place for a couple of years with radio ads, billboards picturing a broken condom and other literature. The Web site has an image of a young working woman flexing her bicep with a heart-shaped tattoo saying EC.

Preven and Plan B are the two emergency contraceptives approved in Canada, but according to pharmacists I’ve talked to, many doctors have been prescribing concentrated birth-control hormones within 72 hours of sex since the 1970s. If taken in time, it prevents fertilized eggs from implanting on the uterine wall. Advocates for EC call it “a  safe, effective back-up birth control method that can prevent pregnancy after unprotected intercourse or contraceptive failure.” Opponents, however, call it an “abortifacient,” believing conception begins at fertilization and the idea of contraception after the fact is nothing more than wishful thinking.

I am certain the intentions of the majority involved in this initiative are good. After all, even the most pro-choice person knows the fewer full-fledged abortions that take place, the better for everyone. Consider the horrible state of the 15-year-old Brampton girl recently charged with second-degree murder after hiding her pregnancy and injuring her baby girl in an unassisted home birth. In contrast, EC pills seem such a neat little compromise. More radical feminists embrace EC as a tool to empower women against the evil oppressor, men, who make us pregnant in the first place and get off scot-free.
However, aside from my personal convictions about when life begins, this campaign and others like it give me the willies. This is because, in the words of Canadian organization, The Protection of Conscience Project, they are so “well-organized, well-connected and well-funded” and “may directly impact some conscientious objectors, especially if activists decide to target objectors or objecting facilities in order to get media coverage or to initiate complaints of professional misconduct.” In short, these groups bully those who don’t see the world from their point of view and trample on objectors’ rights and freedoms.

Secondly, it seems to me the message of emergency back-up plans is cheap. I mean, if a group is going to take time, energy and resources to imprint a message into the psyche of young women, is this the best message we have to give them? Why not teach them to respect themselves, to be responsible for their actions (even mistakes) and how to form monogamous, lasting accountable relationships, instead of ones that create an emergency if you become pregnant when pre-intercourse birth control fails? Why don’t we hand out planned parenting post cards that say, “Don’t waste yourself on a one-night stand,” instead of, “You have 72 hours to erase last night.” Rather than simply empowering women to be in charge of their bodies, why not teach men and women what a wonderful thing sex can be in the right context? Maybe even, heaven forbid, encourage  them to wait? Then we might not only have less unwanted pregnancies, but also women who are emotionally healthy and truly empowered.

Aryan Defender Highlights BC Medical Journal

News Release

Protection of Conscience Project

It is an unusual cover for a medical journal: a crouching, brawny Aryan hero, glowering murderously from under a horned helmet, a copper IUD clutched in his sword hand.

The Administrator of the Protection of Conscience Project wants to post the cover of the January/February edition of the BC Medical Journal on the Project website. In a letter to the editor of the Journal, he describes the cover as “a splendid illustration of the usual basis for conscientious objection to potentially abortifacient devices and drugs.”

Most physicians or others who object to the IUD (intrauterine device) and the ‘morning-after-pill’ do so because such things may act – not by preventing fertilization – but by destroying the developing human embryo by preventing its implantation in the uterine wall. This mechanism of action is explicitly acknowledged in the Journal’s article, written by Dr. Roey Malleson.

Rather than recognizing that the destruction of the developing embryo is a key moral issue – and a controversial one – Dr. Malleson defines the issue out of existence by adopting a coded vocabulary. Only readers familiar with authoritative embryological texts are likely to recognize the polemic behind Dr. Malleson’s use of words like ‘abortifacient’, ‘pregnancy’, and ‘contraception’.

The Project letter lauds the article as “an excellent example of moral obfuscation masquerading as science,” but challenges Dr. Malleson’s authority to tutor colleagues in faith and morals. It rejects the suggestion that civil suits might be used to suppress the freedom of conscience of those who do not share the BC Medical Journal’s enthusiasm for Aryan warriors.

Project Letter to Telegraph Journal

New Brunswick, Canada
24 February, 2002

Sean Murphy, Administrator
Protection of Conscience Project

Dr. Monica Brewer’s characterization of physician referral for morally controversial purposes as a “black and white” issue is the result of inadequate reflection.(“MD’s Morals Restricting Birth Control Access,” February 9, 2002) Her suggestion that doctors who object to the morning-after-pill and contraception “should pair with doctors to whom they can refer” is a suitable solution only for those whose objections are simply matters of professional judgement or personal preference.

For example: physicians who know that 94% of the women who are sold the morning-after-pill do not actually require it to prevent pregnancy (the numbers are provided by those who support its widespread use1) may be unwilling to prescribe it for that reason. However, they might well refer a patient who wants the drug to a doctor who will.

Similarly, some physicians believe that women’s health and social interests are better served by learning to recognize their natural fertility cycles, so that they need not be dependent upon physicians or drug companies to plan or avoid pregnancy. These physicians may not prescribe birth control pills for ‘ecological’ reasons, but probably wouldn’t object to referral.

Finally, an obstetrician who thinks that aborting Down syndrome infants is a good idea, but finds performing abortions a traumatic experience, would probably welcome the opportunity to refer a patient to another colleague.

The situation is quite different when physicians are asked to refer a patient for something to which they have grave moral objections. They believe that by referring patients they are themselves morally culpable for facilitating the wrong that is done. Strange? Not at all.

Consider Newsweek columnist Jonathan Alter’s suggestion that, since physical torture is “contrary to American values”, the US should turn terrorist suspects who won’t talk over to “less squeamish allies.”2 No one would seriously argue that this would relieve the US of moral complicity in torture.

Of course, moral complicity in abortion, contraception and the morning-after-pill are not issues for people like Dr. Morgantaler and his associate, Judy Burwell, who think these are good things, and that those who think differently are mistaken. But it is surprising that they view freedom of conscience as a problem to be solved by abolishing it, at least for those who don’t agree with them.

After all, Dr. Morgantaler justified his defiance of Canadian abortion law in a 1970 article titled, “A Physician and His Moral Conscience.” 3


Notes (provided for editorial verification)

1. “In 16 months of ECP services, pharmacists provided almost 12,000 ECP prescriptions, which is estimated to have prevented about 700 unintended pregnancies.” Cooper, Janet, Brenda Osmond and Melanie Rantucci, “Emergency Contraceptive Pills- Questions and Answers”. Canadian Pharmaceutical Journal, June 2000, Vol.133, No. 5, at p. 28. See also Valpy, Michael, “The Long Morning After”, Globe and Mail, 15 December, 2001)

2. Alter, Jonathon, “Time to Think About Torture”. Newsweek, 5 November, 2001, p. 45.

3. 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

Project Letter to the National Post

Toronto, Ontario, Canada
23 February, 2002

Sean Murphy, Administrator
Protection of Conscience Project

A doctor caring for patients in four Ontario cities may be driven from the profession, or from the country,  because he refuses to practise medicine in accordance with the policies of Planned Parenthood (“MD under fire for denying birth control,” National Post, 22 February, 2002). Welcome to the world of single-issue ethics.

Professor Laura Shanner asserts her personal belief that a physician “absolutely must” help patients obtain drugs or procedures to which the physician objects for reasons of conscience. But there is no self-evident reason why her morality should be imposed upon dissenting physicians under threat of  professional excommunication. Nor do mantras like “standard of care” provide useful guidance when the morality of the ‘care’  itself is in issue. Dr. Morgantaler’s standard of care is, in some  respects, markedly different from that of Physicians for Life. The standard of care in Oregon includes assisted suicide, and in the Netherlands, euthanasia.

On the other hand, John Hof is mistaken in his suggestion that conscientious objectors may refuse to  prescribe contraceptives in order to meet the “spiritual needs” of their patients. People do not go to the doctor to  satisfy their spiritual needs, and physicians should not assume the role of spiritual director.

Conscientious objection arises from concern about one’s own moral culpability, not that of others. It is a matter of personal integrity, not an attempt to control someone else’s behaviour. The unfortunate situation in Barrie may be the result of an infelicitous explanation that failed to make this clear.