The War on the Hippocratic Oath

First Things

Wesley J. Smith

The screaming was so loud, you would have thought that the Trump administration had overturned Roe v. Wade. It hadn’t, of course. But it had directed needed attention at the existing legal protection that allows doctors and nurses to refuse to participate in abortions without fear of firing or other job sanctions. This protection is sometimes called “medical conscience rights.”

The occasion for the uproar? The Department of Health and Human Services announced its intention to create a new office of Conscience and Religious Freedom Division in the HHS Office for Civil Rights (OCR) to enforce medical conscience. It is worth noting that this proposed action will not change the law. But it will revitalize enforcement efforts after years of the Obama administration’s hostility toward religious liberty generally and medical conscience rights specifically. Indeed, the newly created enforcement office will put medical employers on notice that the current administration considers medical conscience rights to be fundamental. As the HHS press release put it:

The creation of the new division will provide HHS with the focus it needs to more vigorously and effectively enforce existing laws protecting the rights of conscience and religious freedom, the first freedom protected in the Bill of Rights.

In a country with a long and venerable history of honoring conscientious objection and protecting the free exercise of religion, one would think this step would be met by applause. But for some, it was akin to a declaration of social war. The Massachusetts Medical Society sniffed in opposition:

As physicians, we have an obligation to ensure patients are treated with dignity while accessing and receiving the best possible care to meet their clinical needs. We will not and cannot, in good conscience, compromise our responsibility to heal the sick based upon a patient’s racial identification, national or ethnic origin, sexual orientation, gender identity, religious affiliation, disability, immigration status, or economic status.

The New York Times was equally condemning. In an editorial titled, “The White House Puts the Bible Before the Hippocratic Oath,” the editorialists warned hyperbolically:

The decisions may make it more difficult for teenagers wanting to get tested for sexually transmitted diseases, for gay men looking to prevent HIV and even for women seeking breast exams or pap smears.

Please. No one who supports a robust protection of medical conscience advocates compromising the physician’s responsibility to “heal the sick.” No one wants to prevent women from obtaining cancer screenings. Nor do supporters of medical conscience seek to authorize doctors and nurses to discriminate against individuals.

Rather, medical conscience prevents doctors and nurses from being forced to act in opposition either to their religious beliefs – e.g., commit a grievous sin – or to their moral consciences by being forced to participate in morally objectionable procedures, such as taking innocent human life in abortion, assisted suicide, or lethal injection euthanasia. It could also protect medical professionals from being required to administer hormones to inhibit puberty in adolescents experiencing gender dysphoria – a controversial recent innovation that the American College of Pediatricians has called “mass experimentation.” That opinion is becoming heterodox in the field, but surely no doctor should be forced in an elective procedure to act in a way that he believes actively harms the patient. The same goes for physicians who object to participating in sex-change surgeries based on the belief that sex is biologically determined or that it is wrong to remove healthy organs. Conscious protections should also apply to a doctor or nurse who objects to participating in infant circumcision based on a moral objection. And surely no doctor should be forced to participate in an execution, not even the administrative act of declaring the condemned prisoner dead after the execution.

People of good will can hold radically divergent moral beliefs, including about legal medical services and procedures. The stakes in this controversy are very high. As I have written here before, there is a concerted effort underway to drive pro-life and Hippocratic Oath-believing doctors, nurses, and other professionals out of medicine – a lamentable potentiality. We need increased comity and tolerance for those medical professionals who object to reigning moral paradigms and hold to sanctity-of-life ethics. The new HHS office represents a positive step toward achieving that end.

Post Script: The best and most efficient way to protect medical conscience would be for the states and the federal government to allow medical conscience rights to be enforced via private causes of action in civil court, which is not currently allowed generally. I will discuss that idea in a future column.

 

Medical Establishment Opposes Conscience Rights

Evolution News & Science Today
Reproduced with permission

Wesley J. Smith

The laws and regulations of the United States protect medical professionals from being forced to participate in abortion and sterilization and other procedures against their religious beliefs by prohibiting discrimination in employment.

The medical establishment thus responds to the creation of a new Conscience and Religious Freedom Division in the HHS Office for Civil Rights (OCR). How awful, they yell. We want our pro-life colleagues, and those who believe in the Hippocratic Oath, to be forced to violate their religious and moral beliefs in their professional lives.

For example, the Massachusetts Medical Society doesn’t want a division formed to protect their colleagues. From the Society’s statement:

As physicians, we have an obligation to ensure patients are treated with dignity while accessing and receiving the best possible care to meet their clinical needs. We will not and cannot, in good conscience, compromise our responsibility to heal the sick based upon a patient’s racial identification, national or ethnic origin, sexual orientation, gender identity, religious affiliation, disability, immigration status, or economic status.

Baloney. It won’t “compromise” anything. Doctors are not “on demand” technocrats who fill patient’s orders, particularly with regard to non-life-threatening and elective procedures, which are the real subjects here.

It could, however, protect employees from being forced by their employers to choose between their faith or moral beliefs, and their careers.

In a society as profoundly rent as ours is about fundamental moral beliefs around the sanctity of human life and the proper role of medicine in fulfilling lifestyle and other personal desires, basic comity requires such focused enforcement of legal conscience protections.

Otherwise, pro-lifers will be driven entirely out of medicine — an outcome, I assume, that the the leaders of the Massachusetts Medical Society would heartily applaud.

https://evolutionnews.org/2018/01/the-medical-establishment-opposes-conscience-rights/

Complaint filed with federal agency by Rockford nurse over abortion mandates

rrstar.com

Georgett Braun

ROCKFORD.  A local woman has filed a complaint with a federal agency alleging that she was forced from her job in 2015 at the Winnebago County Health Department because of abortion mandates.

The complaint was filed Tuesday with the U.S. Department of Health and Human Services by attorneys representing Sandra Rojas.

The complaint alleges that Rojas, a pediatric nurse who worked 18 years at the Health Department, objected to a requirement that nurses be trained to make referrals to abortion providers and to help women obtain abortion drugs. . . . [Full Text]

HHS Announces New Conscience and Religious Freedom Division

News Release

For immediate release

U.S. Department of Health and Human Services

Today, the U.S. Department of Health and Human Services (HHS) is pleased to announce the formation of a new Conscience and Religious Freedom Division in the HHS Office for Civil Rights (OCR).  The announcement will take place at an event at HHS headquarters from 10:30 a.m. to noon.  It will be livestreamed here. Speakers will include Acting Secretary Eric D. Hargan, House Majority Leader Kevin McCarthy, Representative Vicky Hartzler, Senator James Lankford, OCR Director Roger Severino, and special guests.

The Conscience and Religious Freedom Division has been established to restore federal enforcement of our nation’s laws that protect the fundamental and unalienable rights of conscience and religious freedom.  OCR is the law enforcement agency within HHS that enforces federal laws protecting civil rights and conscience in health and human services, and the security and privacy of people’s health information.  The creation of the new division will provide HHS with the focus it needs to more vigorously and effectively enforce existing laws protecting the rights of conscience and religious freedom, the first freedom protected in the Bill of Rights.

OCR already has enforcement authority over federal conscience protection statutes, such as the Church, Coats-Snowe, and Weldon Amendments; Section 1553 of the Affordable Care Act (on assisted suicide); and certain federal nondiscrimination laws that prohibit discrimination on the basis of religion in a variety of HHS programs.

OCR Director Severino said, “Laws protecting religious freedom and conscience rights are just empty words on paper if they aren’t enforced. No one should be forced to choose between helping sick people and living by one’s deepest moral or religious convictions, and the new division will help guarantee that victims of unlawful discrimination find justice. For too long, governments big and small have treated conscience claims with hostility instead of protection, but change is coming and it begins here and now.”

Acting HHS Secretary Hargan said, “President Trump promised the American people that his administration would vigorously uphold the rights of conscience and religious freedom.  That promise is being kept today. The Founding Fathers knew that a nation that respects conscience rights is more diverse and more free, and OCR’s new division will help make that vision a reality.”

Contact: Office for Civil Rights
202-774-3009

arina.grossu@hhs.gov

To learn more about the new Conscience and Religious Freedom Division, visit us at www.hhs.gov/conscience.

To file a complaint with OCR based on a violation of civil rights, conscience or religious freedom, or health information privacy, visit us at https://www.hhs.gov/ocr/complaints.

No, Politico, Conscience Protections Are Neither ‘So-Called’ Nor ‘Controversial’

There is simply no historical ground upon which Politico can claim that protecting the right of medical professionals not to participate in abortion has been ‘controversial’ since Roe v. Wade.

The Federalist
Reproduced with permission

Casey Mattox

Government shouldn’t force people to violate their consciences. Until recently, that opinion hasn’t been particularly controversial, even where actual controversial issues like abortion were involved. One can support abortion and still think government shouldn’t discriminate against medical professionals who don’t perform abortions.

But if you want to gin up opposition to something, it presumably helps to pretend that it’s your opponent who is the extremist. You can’t very well admit that it’s your own opinion that is historically extreme and your opponent who has history on his side. That’s a much harder sell.

Perhaps this is why, in a story yesterday about the new U.S. Department of Health and Human Services office to address conscience and religious freedom for medical professionals and institutions, Politico casually dropped this nugget: “So-called conscience protections have been politically controversial since shortly after Roe v. Wade legalized abortion in 1973.”

This claim may be politically useful, but it is demonstrably false. At the risk of appearing to repeatedly bludgeon this false narrative to death, it’s important to understand just how inexcusably wrong this instance of fake news is, and how these sorts of so-called “mistakes” drive narratives that create today’s politics.

Shortly after Roe v. Wade

Weeks after the Supreme Court released its decision in Roe v. Wade, Congress enacted the first of the federal laws aimed at protecting conscience in light of this newly minted “right” to abortion. The Church Amendment, named for its sponsor, Idaho’s longtime Democratic Senator Frank Church, ensured that Catholic hospitals could continue to provide health care to millions of Medicaid patients without being forced to also perform abortions.

That provision passed 372-1 in the House and 92-1 in the Senate. Noted right-winger Sen. Ted Kennedy spoke in favor of the law on the floor of the Senate, calling it necessary “to give full protection to the religious freedom of physicians and others.”

A Democrat-controlled Congress added additional “so-called conscience protections” to the Church Amendment for these individual medical professionals and in federally funded programs over the next few years. The idea that these laws were controversial would have been a surprise to the bipartisan coalitions in Congress voting for them.

In 1992, Nadine Strossen, president of the American Civil Liberties Union, testified in favor of the Religious Freedom Restoration Act (yep, you read that correctly), saying RFRA would protect “such familiar practices as . . . permitting religiously sponsored hospitals to decline to provide abortion or contraception services.” The ACLU didn’t think conscience was either “so-called” or “controversial” in 1992.

In 1996, a bipartisan Congress again defended conscience rights, enacting the Coats-Snowe Amendment to the Public Health Services Act with President Bill Clinton’s signature. This law prohibits the federal government and any state or local government receiving federal funds (i.e., all of them) from discriminating against physicians or health-training programs or their participants on the basis that they don’t provide or undergo abortion training or perform or refer for abortions.

Forty-seven states have enacted laws protecting medical professionals from being discriminated against because of their objection to participating in abortion, most of those becoming law in the years immediately following Roe.

But everything above is just icing on the cake. Politico could have confirmed its narrative was false just by reading Roe. Addressing the concern that this new right to an abortion might result in attempts to force medical professionals to perform them, the Supreme Court explained this wouldn’t happen because the American Medical Association’s House of Delegates had already broadly defended the exercise of religious and moral conscience in the abortion context, quoting it in Roe:

Be it … resolved that no physician or other professional personnel shall be compelled to perform any act which violates his good medical judgment. Neither physician, hospital, nor hospital personnel shall be required to perform any act violative of personally held moral principles. In these circumstances good medical practice requires only that the physician or other professional personnel withdraw from the case so long as the withdrawal is consistent with good medical practice.

In the companion case Doe v. Bolton, the Supreme Court called a state law allowing hospitals not to admit patients for abortions and prohibiting them from requiring medical professionals to assist in them an “appropriate protection to the individual and to the denominational hospital.”

There is simply no historical ground upon which Politico can claim that protecting the right of medical professionals not to participate in abortion was “controversial” at the time of Roe or in the decades thereafter. It has only become “controversial” to defend the right of people to think differently and to live according to their own moral compass when the political left recently abandoned this classically liberal principle in favor of government compulsion.

The whole article reads like a horror movie in search of a villain. Its writers and interviewees know that HHS committing resources to safeguard the conscience of medical professionals and institutions that deliver health services to Americans is an evil plot. They just don’t know how. So the authors introduce the reader to none of these laws (available on the HHS Office of Civil Rights website with handy links), vaguely assert that all of this is really about LGBT issues (it’s not), and try to make boogey-men of those in this new office.

What Politico doesn’t do is inform readers that those advocating for government to compel medical professionals to perform abortions are actually the ones advocating for a departure from our historical common ground of respecting one another’s conscience. That, apparently, would complicate the narrative.

Casey Mattox is senior counsel with Alliance Defending Freedom. You can follow him on Twitter at @CaseyMattox_.