Beware the “Fake News” on Conscience Rights

Cutting Through the Abortion Distortion on Protections for Pro-Life Medical Professionals

American Center for Law and Justice

Francis J. Manion

You may have seen this past week headlines from a variety of news outlets loudly proclaiming the death of conscience rights: “Trump’s ‘conscience rule’ for health providers blocked by federal judge.” “Second federal judge strikes down Trump’s ‘conscience protection’ rule for health care providers.” Both the headlines and, for the most part, the stories themselves give the impression that, as usual, the independent federal judiciary has had to come to the rescue of all that is good and true by thwarting the latest attempt by “Trump” and his “religious right” henchpeople to impose their troglodyte, Taliban-esque views on Americans who just want to be treated in hospitals and doctors’ offices without interference from small-minded religious fanatics.

But it’s fake news. The decisions of the U.S. District Courts in New York and Washington addressed a set of administrative regulations – housekeeping stuff – adopted by the U.S. Department of Health and Human Services earlier this year for how HHS wants to go about interpreting and enforcing pre-existing conscience protection laws. The laws themselves remain untouched and, as the New York court made clear, its decision leaves HHS at liberty to enforce existing conscience laws and to adopt rules governing how they go about doing that. . . [Full text]

Cardinal Archbishop of Toronto: Canadian situation “grim”

Health care professionals who do not wish to participate in killing their patients need protection

Sean Murphy*

Thomas Cardinal Collins, Catholic Archbishop of Toronto, in addressing the 40th annual Cardinal’s Dinner in the city, warned that “all people of faith, living in what is more and more an aggressively secular society, must manifest the courage of their convictions.”

After considering the global persecution of Christians, he raised the subject of freedom of conscience and religion in Canada, within the context of the legalization of abortion, euthanasia and assisted suicide.

It is deeply troubling that the culture of life seems to be eroding more and more in our country. Canada remains one of the few countries in the world with no law on abortion. The introduction of euthanasia was a sad day for Canada, and all indications are that the government intends to loosen safeguards currently in place. Increased palliative care seems to have taken a backseat to death on demand. I find this to be appalling.

In such a grim situation, it is critical that we at least respect the conscience rights of those health care professionals who do not wish to participate in killing their patients. As there is limited conscience protection at the federal level, most provinces in Canada have legislative protection in place for their health care workers. I hope that our provincial legislature can work to address this issue in the days ahead by enacting legislation that protects the conscience rights of all health care workers. 

Whose Rights Come First: Doctors’ or Patients’?

Medscape

Arthur L. Caplan

Hi. I’m Art Caplan. I’m at the Division of Medical Ethics at the NYU School of Medicine. Conscientious objection—everybody seems to be talking about it these days. What are the rights of physicians, pharmacists, nurses, or other healthcare workers to say that something may be legal but they refuse to do it?

This issue has come up particularly as more and more health systems are merging. You see Catholic hospitals merging with secular hospitals. Catholic hospitals have a huge presence in the American world of hospitals and nursing homes, probably accounting for 40% of all facilities. When mergers take place, whose values predominate? . . [Full text]

(Project response: Freedom of conscience in healthcare: “an interesting moral swamp?”)

Position Paper of the Abrahamic Monotheistic Religions on Matters Concerning the End of Life

The position of Abrahamic religions on end of life and palliative care

News Release

Dicastery for Promoting Integral Human Development

Yesterday 28 October at the Casina PIo IV in the Vatican, 40 representatives of the Jewish, Muslim and Christian faiths signed the joint Position Paper of the Abrahamic monotheistic religions on matters concerning the end of life.

Invited by the Pontifical Academy for Life, presided over by His Excellency Archbishop Vincenzo Paglia, the religious, including the Prefect of the Dicastery for Promoting Integral Human Development Peter K. A. Turkson, have committed themselves in 12 points to stating that euthanasia and assisted suicide are morally and intrinsically wrong and should be prohibited without exception. Any pressure and action on patients to end their lives is categorically rejected.

A very important point for the mission of the Dicastery is that concerning  Health Care Workers that states that no health care worker should be forced or subjected to pressure to witness directly or indirectly the deliberate and intentional death of a patient through assisted suicide or any form of euthanasia, especially when such practices go against the health care worker’s religious beliefs, because there should be always respect for conscientious objection to acts that conflict with a person’s ethical values. This remains valid, continues the Paper, even if such acts have been declared legal at a local level or by categories of persons.

Very significant, the joint declaration also addresses the spiritual and material accompaniment of the terminally ill and their families, as well as the use of medical technology at the end of life and the promotion of palliative care.

Judge rejects requiring doctors to perform transition surgery, abortions

Crux

Catholic News Service

WICHITA FALLS, Texas – By annulling an Obama administration requirement that doctors perform gender transition procedures or treatments, as well as abortions, a federal judge in Texas has upheld the conscience rights of medical professionals across the nation, said a lawyer for plaintiffs in the case.

“It is critically important that doctors are able to continue serving patients in keeping with their consciences and their professional medical judgment, especially when it comes to the personal health choices of families and children,” said Luke Goodrich, vice president and senior counsel at Becket, a Washington-based nonprofit religious liberty law firm. . . [Full text]