Mirror of Justice

A blog dedicated to the development of Catholic legal theory.
Affiliated with the Program on Church, State & Society at Notre Dame Law School.

Thursday, December 9, 2004

Religious Freedom and Dishonest Headlines

This might be a new low:  "Bush has signed bill penalizing states that protect choice," proclaims the headline.  In fact, the bill in question protects the religious-freedom and conscience rights of hospitals and health-care providers from being forced by States to engage in what these hospitals and providers regard as an intrinsically evil act.  Apparently, California's Attorney General, Bill Lockyer, is planning a lawsuit, contending that the bill "is so coercive -- withdrawing indispensable funds for programs unrelated to abortion -- that it exceeds congressional power and violates state sovereignty."

Now, I am confident that -- under current doctrine -- Congress has the power to withhold federal funds from states who discriminate against or penalize hospitals, doctors, and nurses who do not want to participate in abortions.  (Just as, to reference an earlier discussion, it has the power to withhold funds from law schools who discriminate against military recruiters.)  Putting aside the legal merits of Mr. Lockyer's arguments, though, I continue to be surprised at the extent to which (what strike me as) shocking assaults on the religious freedoms of Catholic hospitals, etc., are wrapped up in euphemisms about reproductive choice.

Rick 

https://mirrorofjustice.blogs.com/mirrorofjustice/2004/12/religious_freed.html

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