A settlement in a religious freedom case favorited protecting religious freedom. From the ACLJ Website:
The American Center for Law and Justice is pleased to announce the settlement of the case of Doris Fernandes vs. The City of Philadelphia, et al. Dr. Fernandes, a Catholic pediatrician who objected to participating in certain reproductive health services, particularly contraception, emergency contraception, and making referrals for them, was terminated by the city back in 2013. Fernandes sued, claiming religious discrimination under Title VII, the First Amendment, and various state laws.
Under the terms of the settlement, the City agrees to adopt a policy permitting any of its medical providers who have religious objections to participating in certain forms of care to redirect patients – short of formal referral – to other appropriate sources. This is consistent with the position endorsed by the American Medical Association in its policy statement, Physician Exercise of Conscience: “When a deeply held, well-considered personal belief leads a physician also to decline to refer, the physician should offer impartial guidance to patients about how to inform themselves regarding access to desired services.”
A few comments:
1. This was a settlement, meaning no general law was made binding the country. Of course, the lawyers did their professional duty in accepting the resolution. Their job was to protect their client, not doctors generally.
2. Religious liberty around the same sex marriage controversy currently receives the most headlines. But the issue literally will involve life and death in the medical context as the time is coming when society will grapple with whether doctors, nurses, pharmacists, etc. will be forced to choose between remaining in their professions and participating in life-terminating actions such as euthanasia/assisted suicide and abortion. I call this coercion, ”medical martyrdom.”
3. Countries with a weaker commitment to religious freedom are already heading in that direction. Doctors in Victoria, Australia already face medical martyrdom. Indeed, one doctor was punished for refusing to participate in–or refer for– a sex selection abortion.
Canada may soon impose medical martyrdom on all of its doctors around euthanasia. Quebec already has.
4. The AMA aside, many American medical associations are hostile to medical conscience rights–particularly the American College of Obstetricians and Gynecologists.
So, this is a good outcome for religious freedom. So was the Hobby Lobby case.
But don’t be sanguine. The hostility to religions freedom is growing. These early contraceptive cases are really just early skirmishes that will eventually involve abortion and (perhaps) euthanasia in a country in which the free exercise of religion is being reduced to “freedom of worship.”