Excerpted from "Will doctors be forced to kill?" commentary by Wesley J.
Smith,
First Things, July 25, 2014 - The wailing and gnashing of
teeth in some quarters over the modest Hobby Lobby decision has me worried.
Apparently, many on the political port side of the country believe that once a
favored public policy has been enacted, it immediately becomes a "right" that
can never be altered or denied. More, once such a "right" is established for the
individual, others should have the duty to ensure access—even at the cost of
violating their own religious consciences.
If such thinking prevails, medical professionals could be forced to
participate in the taking of human life, for example in abortion, assisted
suicide, and (given the research trends in regenerative medicine) providing
treatments derived from the intentional destruction of human embryos or
fetuses.
That certainly seems to be the direction in which the ACLU wishes to take the
country. Recently, the ACLU of Washington State began trolling for potential
clients to sue medical professionals or facilities that refused to participate
in certain legal procedures or transactions based on religious objection:
"Have you or members of your family been denied reproductive health
care or end-of-life services by a religiously based medical facility? The ACLU
believes that everyone in Washington has the right to receive health care that
is not restricted by the religious beliefs of others."
The
solicitation listed specific procedures—some of which involve the taking of
human life—that presumably a patient should have a right to receive. They
include:
- Abortion
- Information about Washington’s Death with Dignity Act [the law permitting
doctor-assisted suicide for the terminally ill];
- Referral to support organizations or cooperating providers to assist a
patient in using Washington’s Death with Dignity Act;
- Medical providers permitted to participate in Washington’s Death with
Dignity Act;
- Palliative care/nursing support for patients who choose to stop eating and
drinking to allow natural death (e.g., participation in suicide by starvation,
not a natural death)
- Pharmacy dispensary (e.g., forced dispensing of drugs used in assisted
suicide, RU 486 abortions, etc.)
Moreover, the American medical establishment already opposes conscience
exemptions for abortion and the dispensing of contraception. For example, the
American College of Obstetricians and Gynecologists (ACOG) published an
ethics-committee opinion denying its members the right of conscience against
abortion.
Such denial of medical conscience is not yet embedded in American law. But if
the anti-religious liberties lobby gets its way, it will be. Indeed, in coming
years, medical professionals who believe in the Hippocratic Oath’s prohibition
against killing could well be driven out of medicine.
Jonathan Imbody, CMA VP for Govt. Relations: – The
US Senate recently highlighted this battle over conscience and autonomy by
voting on a bill (the
Women’s Health Protection Act,
S. 1696) that would,
in the words of the National Right to Life Committee, "invalidate nearly all
existing state limitations on abortion ... [including] laws allowing medical
professionals to opt out of providing abortions, laws limiting the performance
of abortions to licensed physicians, bans on elective abortion after 20 weeks,
meaningful limits on abortion after viability, and bans on the use of abortion
as a method of sex selection." Thankfully, the Senate bill failed, on a largely
party-line
cloture
vote.
The bill reflects the escalating conflict between two camps in American
society that hold irreconcilable worldviews: those who follow objective moral
and ethical standards outside themselves (such as the Bible and the Hippocratic
oath) and those whose only ethic is autonomy, which boils down to "whatever I
want." The scary part is that many authorities in the medical community, which
used to lead the way in promoting and following objective ethical standards,
have all but abandoned the Hippocratic oath and increasingly promote autonomy as
the ethic that trumps all else.
As appealing as autonomy may sound and even though it has its place in some
cases, it is not the kind of standard that protects others well at all, like the
Bible and the Hippocratic oath do. That's because one person's autonomy in one
direction inevitably runs smack into another person's autonomy headed in the
opposite direction. What happens then? Whoever is strongest wins.
If a patient gains the power in the name of autonomy to demand and receive
whatever he or she wants, the healthcare professional becomes a mere "provider"
and loses the essence of professionalism--professing to follow an objective
standard. Similarly, if a mother insists on fulfilling her autonomy through an
abortion, the baby loses her life.
Autonomy brooks no competition. So autonomy is less a reliable ethic and more
a prescription for conflict, an enemy of tolerance and diversity.
In the First Amendment's establishment clause ("Congress shall make no law
respecting an establishment of religion, or prohibiting the free exercise
thereof"), America's founders carefully balanced conscience freedoms with
community interests, minority rights with majority rule, individual liberty with
governmental function. We must shore up that understanding of freedom every
chance we get--in the culture, in Congress and in the courts--or we will lose
the ability to live out our faith in our professions and in the public
square.
Action
- Urge your U.S. senators to support (or thank your senator
for already co-sponsoring) the Health Care Conscience Rights Act - S. 1204 , to protect
religious liberty and preserve patient access by providing conscience
protections for health care professionals. (Note: You will be provided with
editable text based on your senator's sponsorship or non-sponsorship of this
bill.)
- Urge your U.S. Representative to support (or thank your
Rep. for already co-sponsoring) the Health Care Conscience Rights Act - H.R. 940.
ResourcesCMDA's
Freedom2Care website: Freedom of faith, conscience and
speech
CMDA's Freedom2Care
commentaries in national newspapersCMDA Freedom of Faith and Conscience resources"U.S. Senate Democrats launch push for “the most radical
pro-abortion bill ever" - National Right to Life