Thursday, November 3, 2011
Requiring nurses to participate in abortions?
Sometimes, when I am in conversations with people about the abortion issue generally, and the importance of protecting the conscience of health-care professionals more specifically, I am told that it is unrealistic or overblown to worry about doctors or nurses being "forced to do abortions." "That," I am assured, "would never happen. But they should have to refer patients to others, etc."
Now, it appears that a hospital in New Jersey has adopted a policy according to which nurses must either assist in elective abortions or be fired. This is outrageous, and it strikes me that it is probably also illegal. But, is it also a glimpse of things to come?
https://mirrorofjustice.blogs.com/mirrorofjustice/2011/11/requiring-nurses-to-participate-in-abortions.html
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I agree with Rick about the outrageousness of the policy...although I'd actually like to see the policy itself before making that judgment.
I do have a question about the federal claim for those who may have been following this issue more closely than I have. The Second Circuit had a similar case before it last year involving a New York hospital and it held that that there is no private cause of action under the Church Amendment. Obviously here there is still what appears to be a clear violation of the NJ statute, but I'm curious about the question of whether individuals can bring a federal statutory claim.