Hospital forces nurses to participate in abortions

Excerpted from "NJ nurses say suit hasn't halted abortion duties," The Washington Examiner, November 14, 2011--A group of nurses who objected to helping abortion patients on religious grounds said Monday they were still being compelled to assist with the procedures, despite having filed a federal lawsuit against the New Jersey hospital where they work. The suit was filed by 12 nurses at the University of Medicine and Dentistry of New Jersey hospital in Newark. Several said despite the lawsuit, they were still being trained and scheduled to assist.

"My spiritual conviction tells me, I would not want to kill innocent babies, and not in my wildest dream, as a nurse, as a person, as a Christian, did I ever think that I would be trained to assist with this kind of procedure," Fe Esperanza Racpan-Vinoya, said at a news conference in front of the hospital.

Racpan-Vinoya and other nurses who attended the news conference — all but four in their unit have signed on to the lawsuit — said they had made their objections known to their supervisor and to hospital officials, and claim their concerns were dismissed or ignored. Hospital officials said previously they would temporarily stop requiring nurses to assist, and a federal judge issued a restraining order to that effect, but the nurses claim it's still going on. The hospital issued a statement Monday saying no nurse is compelled to participate, or even be in the room, during a procedure to which they object on cultural, religious or ethical grounds.

Matt Bowman, an attorney with the Alliance Defense Fund, a coalition of Christian lawyers and organizations that is representing the nurses, said the hospital had previously hired per-diem nurses or those who volunteered to assist with abortions to help perform them.

Bowman said the hospital notified nurses in writing in September that its new policy would require same-day surgery unit nurses to assist in abortions. The nurses filed suit on Oct. 31, claiming the hospital was compelling them to undergo training that involved assisting in abortions, and indicated they could be subject to termination if they didn't comply.

U.S. Rep. Chris Smith (R-NJ): (pictured on right at White House with CMA VP for Govt. Affairs Jonathan Imbody; comments excerpted from press conference) "UMDNJ’s coercive anti-conscience policy is not only highly unethical but blatantly illegal. Federal and state law couldn’t be clearer on this matter.

"The 1974 Church Amendment makes absolutely clear that 'no entity (and that includes UMDNJ) which receives a grant, contract, loan or loan guarantee under the Public Health Service Act, the Community Mental Health Centers Act or the Developmental Disabilities Services and Facilities Construction Act may discriminate in the employment, promotion or termination of employment of any physician or other health care personnel or discriminate in the extension of staff or other privileges to any physician or other health care personnel...because he refused to perform or assist in the performance of... abortion on the grounds that his performance or assistance in the performance of ...abortion would be contrary to his religious beliefs or moral convictions...'

"To further protect conscience rights, the U.S. Congress enacted the Hyde-Weldon conscience law in 2005 that bars funds appropriated under the entire Health and Human Services Appropriations Act to any federal agency or program or to a state or local government if they engage in discrimination by violating conscience rights.

"The relevant NJ statute states unambiguously that 'no person shall be required to perform or assist in the performance of abortion... .' New Jersey law further states that 'the refusal to perform, assist in the performance of, or provide abortion... shall not constitute grounds for civil or criminal liability, disciplinary action or discriminatory treatment.'

"In pursuit of an illegal and highly unethical policy to coerce its own nurses to participate in abortions including support activities such as pre- and post-procedure complicity in abortion, UMDNJ has not only imposed irreparable harm and suffering on its own nurses, but has willfully and recklessly put federal funding for the institution at risk.

"Because the nurses recognize the innate value and dignity and preciousness of the child in the womb and have refused to participate or be complicit in an act of violence against a vulnerable child, they are punished. Because the nurses have deep religious and moral convictions and believe women deserve better than abortion, they are punished. Because the nurses are compassionate and care deeply for every human life, regardless of age or condition of dependence, they are punished. The illegal and highly unethical policy of coercion by UMDNJ must cease immediately."

Resources
Written statements by nurses Fe Vinoya and Beryl Otieno Ngoje
Alliance Defense Fund News Release
Audio Recording of the Press Conference
Written statement by Rep. Chris Smith
Press Advisory with links to additional information and Fact sheet by ADF
Philadelphia Inquirer (Opinion): Freedom of not having a choice
National Review (Post to the Corner by Matt Bowman): NJ Hospital Should Tell the Truth about Its Abortion Policy