This past Friday, the Washington Post reported that the Obama administration has rescinded most of a federal regulation designed to protect health-care providers who refuse to provide care they find morally objectionable. Specifically, the regulation would have cut off federal funding to health-care providers that fail to accommodate employees who refuse to participate in care they feel violates their religious beliefs. Now, the only part of the regulation left intact is the conscience protection for doctors and nurses who do not want to directly perform surgical abortions or sterilizations.
This move is unsurprising. Many Democrats strongly opposed these regulations when President Bush put them in place in 2008. They claimed the regulations would make contraceptives less available by providing legal protection to federal employees and grant recipients with moral objections to contraceptive use. Shortly after President Obama took office, administration officials said they felt the regulation was too broad and announced plans to rescind it.
However, the timing is interesting. It is well known that supporters of legal abortion have had a rough few weeks: First Philadelphia abortionist Kermit Gosnell was charged with eight counts of murder for using scissors to kill babies delivered alive in his abortion mill; then Live Action Films released a series of undercover videos showing Planned Parenthood employees eagerly assisting a pimp seeking care for underage prostitutes — in some cases as young as 14. And on Friday, of course, the House voted 240–185 to cut off federal funding to Planned Parenthood.
This decision to rescind the Bush-era conscience regulations might be an attempt by President Obama to shift focus from abortion to contraception as the effort to defund Planned Parenthood works its way through the Senate. This is a strategy that has been pushed by Cristina Page and a number of other pro-choice activists. Planned Parenthood’s supporters in the mainstream media have done something similar in response to the past few weeks’ bad publicity, emphasizing Planned Parenthood’s role in dispensing contraceptive to low-income earners.
Regardless, the administration’s decision is disappointing. In recent years, medical professionals have had to confront a wider range of sanctity-of-life issues, and conscience laws needed to be updated to reflect this. For instance, conscience laws protect health-care workers who do not wish to participate in surgical abortions, but pharmacists who do not wish to dispense abortifacients, which trigger early-term abortions, have little in the way of protection. The passage of Obamacare, which will increase the amount of federal control over the health-care industry, makes conscience protections even more important.
House Republicans have introduced several pieces of legislation containing provisions that would replicate many of the effects of these Bush era regulations, which is a welcome development, but right now Republicans should focus on Planned Parenthood funding, where they have more leverage — for Planned Parenthood to receive federal funding, a Republican-controlled Congress must first appropriate funds.
In addition to leverage, the Republicans have a strong case to make. Just last summer, a GAO audit could account for only $657.1 million out of $2.3 billion in federal funds that Planned Parenthood received between 2002 and 2009. Live Action’s undercover videos have shown a consistent and nationwide pattern of illegal activity — indeed, Planned Parenthood employees have appeared willing to ignore parental-involvement laws, have failed to report instances of statutory rape, and have refused to report sex trafficking of minors. Republicans should not allow their opponents to recast this debate as one about contraception — after all, Planned Parenthood is the nation’s largest abortion provider. The Senate would do well to follow in the footsteps of the U.S. House and vote to defund Planned Parenthood.
— Michael New is an assistant professor at the University of Alabama and a fellow at the Witherspoon Institute in Princeton, N.J.
Under the Bush regulations, a person could get a job as a receptionist at an OB/GYN and then refuse to schedule any appointments for people wanting birth control, if they believe that the Pill is actually an abortifacient.
And the doctor wouldn't be able to get rid of the scheduler who wouldn't schedule any appointments.
That's just what small doctors need right now--being forced by regulations to keep people on the payroll who won't do anything.
Reply to this commentLinkReport AbuseThese regulations were always a can of worms, because ultimately conscience objections are as numerous as there are religions, so we cannot work under the assumption that socially-conservative Christianity has the only valid grounds for objections. What will happen when a Muslim nurse/doctor refuses to treat somebody who has an alcohol-related illness? In addition, Sanctity-of-Life is the issue mentioned in regard to these regulations, but the wording was far broader than that, and quite imprecise. The road to hell is paved with good intentions, and I think this was one of those.
Reply to this commentLinkReport AbuseMan, as always, it's a riot. Would love to hear of some concrete, verifiable examples of such receptionists.
Speaking of not doing anything right now -- where does the riot find its free time?
Reply to this commentLinkReport AbuseRL: Care to cite any supporting documents on those assertions or are you just parroting PP propaganda?
Reply to this commentLinkReport AbuseNo one has the right to work for a company and then not do what is required for the job (as long as the requirements are legal). If a pharmacist working for CVS refuses to fill prescriptions for the Pill to CVS customers, CVS should have the right to fire an employee that is bad for the bottom line. Would Michael New feel the same way regarding Muslim grocery store employees that refused to sell alcohol or pork products to customers?
Reply to this commentLinkReport AbuseI thought you guys loved "freedom." should a person that doesn't believe in killing animals have the right to refuse a sale of meat?
Reply to this commentLinkReport Abuse@olezp, as someone who works in consulting, I often work evenings and weekends, and am at my computer perpetually. Very little free time, but I can hop onto to fun sites like the Corner now and then. Thanks for your concern.
I love that all of you just say 'you don't have any examples!' Have you even read the regulations? It's plain as day from the regulations that pretty much anyone can refuse to do anything at any time, and cannot be fired for it.
Those kind of regulations are TERRIBLE for business. An employer should be able to get rid of an employee whose conscience won't allow him to do work, whether that's a grocery store checker who refuses to ring up meat, a cab driver who won't give rides to people with seeing eye dogs, a pharmacist who won't dispense the Pill or a exterminator who won't kill any bugs.
Reply to this commentLinkReport AbuseDoctors & Pharmasists take an oath to 'Do NO harm' to their patients/customers... the pre-born ARE customers, too. Many Drs./pharmasists joined their professions BEFORE 'Roe v Wade'; NOW they HAVE to go against their deeply-held beliefs , or lose their jobs?I live in a rural community, & we still have more than one Dr, & Pharmacy to choose from; why can't there be more choices everywhere?on the side, when I was expecting my first child, the 1st Dr. told me(@ 2 months along) that 'It isn't a baby yet'. The 'Lump of Tissue" had ALREADY KICKED a magazine out of my hands. I CHANGED DOCTORS-Then & There.
Reply to this commentLinkReport AbuseSo, with this in mind, it's ok for the Democrats in WI to leave state even though as elected officials they have jobs to do? If it's illegal for anyone else to make a decision to not do their work, seems the same should hold true for the WI representatives who skipped over to Illinois.
Reply to this commentLinkReport AbuseSo, let me get this straight, it's not ok for medical people to refuse some kind of caregiving that they find objectionable and that is LAW but it is ok for Democrats to run away and hide? Hmmmmm seems a double standard here!
Reply to this commentLinkReport Abuse"Live Action’s undercover videos have shown a consistent and nationwide pattern of illegal activity"
That says it all right there. Typical of Republicans today:
Create a grotesquely distorted caricature, broadcast the delusion at the top of your lungs, and hope that you manage to reinforce just enough cynicism and hopelessness to ensure the election of someone who truly cares only for funneling all of the country's wealth and power into the hands of a tiny, corrupt elite.
Mission accomplished.
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