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Legislating Conscience: Distinguishing Abortion from Contraception And All That Jazz February 19, 2011

Posted by legalethicsemporium in Abortion, Health care, Law, Ethics & Society, Religion, U.S. Constitution.
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So, if you work for a medical provider and you oppose abortion, regardless of  legality, you cannot be compelled to participate in providing a woman her legal right to have an abortion.  Alternatively, if you assist a woman in obtaining this medical procedure, you are within your legal rights to do.  The right to be guided by your personal moral compass as it pertains to another individual’s decision to implement her medical rights was initially codified in 1973 in the Church Amendment. Since then other federal and state  laws have been passed and are generally referred to as “conscience protection statutes.”

‘Sort of a paradox of the democratic process that seeks to protect and provide everyone with a voice and a right to acknowledge, but not necessarily support individual prerogative when abortion and sterilization procedures are involved.  This paradox is back in the news as the Obama administration has revisited, revised and repealed aspects of the regulations pertaining to the conscience protection statutes that the Bush administration put into effect in the waning days of its administration.  Interestingly, the statutes functioned without regulations for over 30 years.

The Bush regulations immediately drew criticism for being redundant, overly broad, vague and perhaps, most significantly, for arguably collapsing the definition of contraception into abortion and thereby making it more difficult for individuals to obtain legal health care. Additionally, interpretation of the Bush regulations permitted the possibility that individuals could be denied services based upon evidence of a lifestyle that offends the health care provider’s conscience.

The new ruling makes clear that neither the intent  nor the language of the federal statutes is to define contraception as abortion. “The provision of contraceptive services has never been defined as abortion in federal statute… There is no indication that the federal health care provider conscience statutes intended that the term “abortion” included contraception.”

The Department of Health and Human Services further explains that,

“The Department agrees with concerns that the 2008 Final Rule may have caused confusion as to whether the federal statutory conscience protections allow providers to refuse to treat entire groups of people based on religious or moral beliefs. The federal provider conscience statutes were intended to protect health care providers from being forced to participate in medical procedures that violated their moral and religious beliefs. They were never intended to allow providers to refuse to provide medical care to an individual because the individual engaged in behavior the health care provider found objectionable.”

Nancy Keenan, president of NARAL Pro-Choice America, applauded the revision of the rule which,” had it been finalized in its original form, would have allowed insurance companies to deny claims for birth-control pills, hospitals to refuse emergency contraception to rape survivors, and employees at HMOs to refuse their patients referrals for abortion care.”

“The Obama Administration was correct in rescinding the highly inaccurate and dangerous provisions in a regulation imposed by the Bush Administration in late 2008,” said National Women’s Law Center Co-President Marcia D. Greenberger.

“It put the health and safety of American women at risk by expanding far beyond legal limits the ability of health care providers to refuse necessary treatment and information to patients—particularly when seeking reproductive health care, but going far beyond. The highly controversial regulation, which has been challenged in the courts, in effect encouraged providers to deny access not only to abortion services and information but also to contraception, treatment for infertility, depression, substance abuse, and HIV/AIDS in ways that the law does not allow. Indeed, virtually any medical service could have been swept within its expansive purview.”

Query:  When one individual’s personal values clash with another individual’s legal rights, to what degree should we protect one person’s moral values and thereby deny another person access to legitimate healthcare?

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