Issue isn't just a moral one
In Texas, a Catholic bishop made two hospitals cease doing tube-tying operations for women who are not going to have more babies. In Arizona, a nun was excommunicated and the hospital where she works was expelled from the church after 116 years for allowing doctors to terminate a pregnancy to save a woman's life. At the same time, some doctors and other health professionals have faced disciplinary action for refusing to perform procedures or provide medications that go against their religious beliefs.
Should Catholic hospitals be able to restrict doctors from performing common and legal medical practices? Do such restrictions unfairly impinge on the rights of non-Catholic patients and doctors, particularly those in rural or underserved areas where alternative hospitals are not readily available?
While this question is framed as a moral one - what "should" Catholic (or other religiously sponsored) hospitals do - part of the discussion here is about legal rights and norms as well.
Religious institutions - be they hospitals, houses of worship, parochial schools or social welfare charities - have a constitutional right to define themselves and their institutional character. These rights are guaranteed to religious and secular groups by the First Amendment's freedom of association and to religious entities as well by the First Amendment's Free Exercise clause. America's founders wanted to ensure that private associations, especially religious ones, would be protected from government coercion and be able to flourish. This indeed occurred and was praised by DeToqueville as a signature trait of American life and liberty. These laws remain in place today and ought to be preserved and ensure that America's private and parochial institutions continue to flourish in this way.
The related issue of the rights of medical professionals to perform or refuse to perform medical procedures to which they have conscientious objections is also a matter of constitutional and civil rights. In fact, the Civil Rights Act of 1964 (and various state laws) provides that employers (whether hospitals or any other) are to accommodate the religious needs of their employees so long as doing so does not place an undue hardship on the employer. Thus, a doctor or nurse or pharmacist etc. ought not be compelled to violate their conscience except in the most compelling circumstances. This too is consistent with basic and historic American values of respecting those who dissent on the basis of conscience.
Our society should ensure that those who need a lawful medical procedure can access it. But in these cases, the law embodies not only legal rights, but rights that indeed have a basis in moral values - to respect and protect the religious liberty and character on American individuals and institutions.
By
Nathan Diament
|
January 24, 2011; 8:15 PM ET
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Posted by: Catken1 | January 26, 2011 3:25 PM
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Fine, then the solution is obvious! No so-called religious institution should have any business functions or any other operations not explicitly religious such as hospitals, nursing homes, food providers, housing shelters, clothing outlets, bingo parlors, parking facilities, schools, non religious consoling, day care not for parents attending religious services or instruction, etc. I for one refuse to allow any religious superstition or dogma to have any influence directly on any governmental or business law, service, or action! No religious person is required to have an abortion if their religion forbids it; nor should any religion be able to prevent an abortion if I should want one!
Religions only have a right to advise their members on actions by their members for their members; they may argue for society to change its behavior, but no government or business should be allowed to impose any actions based solely on religious grounds. To do so, makes us no better than other theologies such as Israel, the Vatican or Saudi Arabia!
Posted by: CHAOTICIAN101 | January 26, 2011 12:52 PM
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Catholics are dedicated to "extending Christ's healing mission." Thus, they have built many hospitals that provide incalculable benefit to communities.
If the atheists want to build a hospital and provide late term abortion, go ahead.
Posted by: GiveMeThat | January 25, 2011 7:36 PM
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Sirs/Mams:
After Reading This, Maybe Now;
The U.S. Government Should Take-Over ALL "RELIGIOUS-BASED" HOSPITALS (Subsidized or Not Subsidized by Tax-Free Dollars) and straighten them out! WHY? Because
"PATIENTS-RiGHTS" is, undeniably, Separate From RELIGIOUS-RIGHTS! Same
Like Separation-ing of STATE & CHURCH or Church from State! 'NO' Exceptions (not a YES).
Religious-Medicine is Inferior (a National Security, Health Question, not G_Ds question) inferior to SECULAR-MEDICINE, Regodless! ELSE
Let ALL, EVERY and ANY so-called Christ Lov'n "CATHOLIC" Never Visit Nor Go To A Secular-Based Hospital. Let Them Have Their Own Ambulances. i.e.,
So If Your Jewish or Ishlamish etc.. and you need an Ambulance and a Hospital then the Catholic Hospital and Ambulance Can and Must Refuse (None-Catholic) Emergency Help because They are JUish (Pro-Abortion or Not), Ishlami, Esaui etc...
_ Here's Something On OBAMA-CARE Recommendation: Via the Cooperation of the-Public (The-People) The U.S. Federal Government, Starting With The States should have ALL [House-Holds] U.S. Citizenz (and Documented or Not) should Go to their Nearest HOSPITALS (Religious Or Secular) or second nearest Hospital and REGISTER ALL MEMBERS 1st! THEN
Issue All Of Them a Special "FAMILY-[Health]-CARD" that will entitle Them (Any-One in that Family, Anywhere In U.S.A.) To MEDICAL ATTENTION. Includes something Simple as a Mandatory Annual Check-Up!
i.e.; Out of 310,000,000 Americans, I'm sure OBAMA-CARE or PALIN-CARE or Whatever will all serve the People JUSTly.
Note: Interestingly; The "PATIENT-DOCTOR" reciprocity and The Laws Governing "Protection Of Medical' Records will cover the "Intimacy' portion when Family's start to Register with their Local Hospitals.
& Medical/Service Billing Vouchers, via LAW(s) Should be made Simple. And Punishment For FRAUD should be even Higher.
Note: CLERGY, DOCTORS &LAWYERS are Big Crooks Too!
Ooooppss, One Last Thing:
ALL Major RELIGIOUS HEADS of U.S.A. and The WORLD; Should Tell The 'TRUTH' (opposite MYTH): And that is:
"BEING BORN [BiRTH] Is A MIRACLE!
And There Is 'NO' Such Thing as Being Born-HERE, In-some (Someone elses Relig) Sin STORY's; i.e., via CHUMASH or BIBLE, or QURAN or GEETA or KANGYURs etc.. & this also Includes Their very "God(s) Playing/player" Authorships [Osiris, Zeus, Moses, Jesus, Muhammad, Smith, Vyasa, Gautama, Confusion et al!!
The POPE (Vatican) Should Reveal-That MYTH (opposite TRUTH) To ALL HUMANITY!
SECULAR-MEDICINE is Superior To RELIGIO-MEDICINE any day or Time!
INCAMERA: Man Is Going to Live as long as 300 +/- Years. Soo,
Like the Questionano, WHAT What is the Military Going To Do With All Their None-Active Personnel After WARS-ENDs (Not End of The World)?? Guard Our Borders? So,
Like-Wise What Will Hospitals & DOCTORS & CO Do When CANCERS can be Detected Decades Before They KILL!?
PS: DOCTOR's, Please S-T-O-P Over Prescribing or Exaggerating Patients ILL's!
Posted by: letitbe | January 25, 2011 1:15 PM
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Let's get down to reality: The vast majority of abortions in this country are elective rather than medically necessary. In other words, most abortions are not required by a medical crisis which threatens the health of the mother, but are the mother's personal lifestyle choice. Yet the argument to the contrary is a common one, and it has the powerful effect of casting abortion opponents as enemies of women's health rather than as advocates of unborn women.
That's why even abortion advocates know they've lost the debate over whether the fetus is a human life -- they know it is -- and have now shifted the line of argumentation from the woman's legal right to abort her baby, and are now asking whether the baby has the legal right to grow inside the mother's body.
Therefore, it is one thing for a state government to require federally-funded hospitals to perform medically-necessary abortions, and thus require dissenting doctors to cooperate in the absence of any qualified physician able to perform the procedures. It is an entirely separate matter, however, for the same state to require the same physicians to perform non-medically-necessary, elective abortions.
Posted by: ivri91208 | January 25, 2011 1:09 PM
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Because many religiously-affiliated hospitals are the only game in town or are the only one the HMO contracts with, this is not just about a misguided idea that practicing inferior or defective medicine is God's Will. If a religiously-affiliated hospital does not want to allow all procedures, they have the right to get no government money. None. If you are getting any government money, you must be expected to agree to meet the standards of medical care required by professional organizations.
I have no use for people who put women and others into danger because of their supposed faith. I have no use for people in power claiming that it is their civil right to deny civil rights to others. Sorry, but your argument sounds too much like the argument for Jim Crow. If a hospital claims a religious exemption that allows it not to treat blacks or Moslems or Jews are you okay with that?
Posted by: david6 | January 25, 2011 6:44 AM
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"and are now asking whether the baby has the legal right to grow inside the mother's body."
Please explain to me what legal rights I have over your body parts. What rights do your born children have over your internal organs? What right does any born person have to use another's body parts without their consent?
The debate was never about whether a fetus is a human life - that's your argument, and does not in fact justify an anti-abortion stance any more than my humanity entitles me to take my mother's kidney against her will. But you all never say openly what you also believe, that an adult woman is not a full human life unless she is also a virgin.