As budget and bailout concerns capture the news and the public attention, the Department of Health and Human Services is quietly making plans to throw out the conscience rules that protect medical workers who refuse to perform medical procedures contrary to their moral convictions. 1.
Following Roe v. Wade in 1973, state and federal conscience clauses were enacted to protect health care workers who didn't want to perform abortions. Subsequent protections developed to protect reluctant health care workers from participation in euthansia and assisted suicide.
THE PROVIDER REFUSAL RULE
In August of 2008, the Bush administration proposed legislation that was enacted into law on inauguration day of 2009. The Provider Refusal Rule strengthened protections for doctors, nurses and workers in health care settings who refuse to provide a medical service because of moral convictions.
This legislation also protects healthcare providers from being involved in additional procedures, like sex change operations and assisted suicide, as well as vaccinations and family planning, if they are morally opposed to the procedures.2.
Pharmacists would also be protected from refusing to prescribe medicine, including the morning-after pill, if they opposed the prescription on moral grounds.
This bill does not violate the ability of a person seeking services to receive them from another source, but protects the conscientious medical decisions of professionals who object to particular services.
THE OBAMA ADMINISTRATION PLANS TO RESCIND THE 'CONSCIENCE RULE'.
At the end of February 2009, President Obama, furthering his support for abortion rights, announced plans to roll back the conscience rules, stoking battles between abortion and right-to-life supporters.
Dr. Suzanne T. Poppema, board chair of Physicians for Reproductive Choice and Health, praised Obama "for placing good health care above ideological demands."
However, Toni Perkins, president of the Family Research Council, said "Protecting the right of all health-care professional's judgments based on moral convictions and ethical standards...is necessary to ensure that access to health care is not diminished, which will occur if health-care workers are forced out of their jobs because of their ethical stances. President Obama's intention to change the language of these protections would result in the government becoming the conscience and not the individual." 3.
COMMENTS ARE INVITED AND ENCOURAGED THROUGH APRIL 9, 2009.
Advocates on both sides, medical groups and the public are invited to contact the Department of Health and Human Services to make comments on this proposal through the first week of April to express their opinions about changes in the conscience clauses.
HISTORY OF MEDICAL CONSCIENCE
The Hippocratic Oath, which pertains to the ethical practice of medicine, has traditionally been taken by physicians and continues to be a sacred document among health care professionals.
"I will follow that system of regimen which, according to my ability and judgment, I consider for the benefit of my patients, and abstain from whatever is deleterious and mischievous. I will give no deadly medicine to any one if asked, nor suggest any such counsel; and in like manner I will not give a woman a pessary to produce abortion"... (from the Hippocratic Oath)
Hippocrates was a celebrated Greek physician in the 4th century BCE. Even then physicians were organized into a guild with regulations for training and a professional ideal of practice.
"CHURCH AMENDMENTS"
In the 1970's, conscience provisions contained in the Department of Health and Human Services directives collectively known as the 'Church Amendments' (42 U.S.C.&300a-7) were enacted in response to whether or not the receipt of federal funds required recipients to perform sterilizations or abortions.
Conscience provisions provide that:
* the receipt of government funds does not require that individuals or entities be involved in sterilization or abortion procedures if it would be contrary to religious beliefs or moral convictions.
* Entities receiving funds (grants, contracts, loans), including biomedical research entities, are prohibited from discriminating against any physician or health care personnel who refused to perform a lawful sterilization or abortion procedure based on religious beliefs.
* Entities receiving funds are prohibited from discriminating against any applicant for training or study because of the applicant's reluctance to participate in counseling or assistance in abortions or sterilizations based on the applicant's religious beliefs or moral convictions.
CONCERNS ABOUT GOVERNMENT TAKEOVER OF MEDICINE
When freedom of conscience is overruled by directives from govenment or a governing board, totalitarian regimes may command citizens to engage in atrocious behaviors in opposition to their own feelings of appropriate behavior.
THE NAZIFICATION OF MEDICINE
A tragic example was seen in Nazi Germany, where doctors were used to commit unspeakable horrors under the direction of the state.
Physicians were identified as 'servants of the state'. Personal responsibility for decisions was taken away from individual doctors and nurses. 4.
The overarching Nazi biomedical vision involved medicalized killing, killing in the name of healing for the good of the 'Volk'. Sterilization, mercy killing, euthanasia and destroying 'life unworthy of life' were seen as responsible medical practices.
In a period of 7 years, the Nazi holocaust eradicated an estimated 21 million people, many of whom were killed by medical doctors who had no voice or choice but to obey the directives of the state or lose their license. Those killed included the handicapped, children, aged, sick, ethnic groups, conscientious objectors, and any critics who opposed the Nazi agenda. 5.
MEDICAL KILLING IN AMERICA
Since the enactment of Roe v. Wade in 1973, over 49,500,000 legal abortions have been performed in the United States. Since the legalization of abortion, the pressures not to abort have been replaced by a multitude of social pressures encouraging abortion. Increasingly, accounts of research studies related to abortion and stress report that in many cases the choice to abort was not made by the woman but was forced upon her by husbands, parents, doctors, counselors, or friends. 6.
In 1994, Oregon voters approved a bill permitting terminally ill patients with less than six months to live to request and self-administer lethal doses of medicine. On March 5,2009, Washington State became the second state to approve this initiative, called the Death With Dignity Act.
Opponents of the bill contend that 'assisted suicide' is a more accurate description of this legislation. Kenneth Stevens, a Portland, Oregon radiation oncolgist said assisted suicide "is a reversal of the historic role of physicians as healers, as comforters, as counselors." 7.
FREEDOM OF CONSCIENCE IS DEMOCRACY IN ACTION
The ability to act on personal and moral conscience is the foundation of our liberty and freedom. The right of individuals to speak up and act on the basis of their individual sense of moral rightness provides the checks and balances that protect us from the tyranny of totalitarian dictatorship.
The Obama administration is concerned that the Bush regulations could put in jeopardy family planning services and counseling for vaccines. The administration will review comments from the public before making a final decision.
Responsible citizenship requires that we speak out to make our concerns heard.
REFERENCES
1. Lewey, Noam. N. February 27, 2009."Obama administration may rescind 'conscience rule'.Washington Bureau. Chicagotribune.com.March 21, 2009.
2.Berger, Matthew. March 3, 2009. "Obama Plans to Rescind Healthcare 'Conscience Clause'. http://www.crosswalk.com/news/commentary/11600261. 3/21/2009.
3. Young, Saundra. March, 19, 2009. "White House set to reverse health care conscience clause'". CNN.com. Campbell Brown: No Bias. No Bull.
4.Lifton, Robert Jay. 2000. The Nazi Doctors: Medical Killing and the Psychology of Genocide. Basic Books
5. Rummel, R. J. 1992. Democide: Nazi Genocide and Mass Murder. New Brunswick,NJ: Transaction Pub. http://www.hawaii.edu/powerkills/NAZIS.CHAP1.HTM.
6. Basu, Alaka Malwade(ed.) 2003. The Sociocultural and Political Aspects of Abortion:Global Perspective.Chapter 14.The Social Pressure to Abort. Praeger Pub.
7. Allen, Marshall. August, 2004. "Death Wishes". Christianity Today. Vol.48, No.8,page 24.
Showing posts with label abortion laws. Show all posts
Showing posts with label abortion laws. Show all posts
Saturday, March 21, 2009
Wednesday, February 4, 2009
Freedom of Choice Divides the Nation
When Roe v. Wade was enacted in 1973 the U.S. engaged in a massive social experiment that the country was not ready for. Abortion became one of the most explosive, bitter and divisive conflicts on the American landscape.
The terminology used to discuss the issue has been crucial. Initially the terms pro-abortion and anti-abortion were used by the media to discuss the positions of the opposing sides. However, each side sought to use more positive images to package their viewpoints. Those supporting abortion rights favored the term pro-choice in support of a woman's right to control her body. Those opposed to abortion favored the term pro-life in support of the rights of the unborn child. 1.
The positions are emotional extremes with little room for compromise. The nation became torn and continues to be divided. In a 2003 Gallup survey, 47 percent of adults claimed to be pro-choice, while 46 percent claimed pro-life. 2.
SOCIAL PRESSURES TO ABORT
Since the legalization of abortion in the United States the pressures not to abort have been replaced by a multitude of social pressures encouraging abortion.
Industrialized countries now favor lower fertility. A woman may be discouraged from bearing a child by family or friends. Increasing data document that in many cases the choice to abort was not made by the woman but was forced upon her.
The Elliott Institute catalogs and examines the after effects of abortion, focusing on stress experienced by women. They report, "Pressures to abort can come from husbands, parents, doctors, partners, counselors or close friends and family. They may threaten or blackmail a woman into abortion...Coercion can escalate into violence." 3.
An abortion security guard testified that women "were routinely threatened and abused by the boyfriends or husbands who took them to the clinics to make sure they underwent their scheduled abortions. 4.
Research by Rue et. al. studied the relationship between induced aborton and traumatic stress. In a study of 548 women (331 Russian and 217 American) they noted that 64% of women who aborted felt pressured by others; 54% were unsure of their decisions; 67% received no counseling beforehand; 87% received inadequate counseling; 79% were not told about alternatives; 31% had health complication afterwards; and 65% of the American woman suffered multiple symptoms of post-traumatic stress disorders with 14% meeting all of the diagnostic criteria for post traumatic stress disorder. 5.
THE POLITICAL PROCESS UNFOLDS
Because abortion is intimately related to the value and meaning of human life and family, the disputes became acrimonious. A struggle ensured for political control over circumstances under which an abortion could be obtained. States became active in seeking to manage and control the circumstances surrounding abortion.
States Limit Abortion Practices
In January of 2009, the pro-choice Alan Guttmacher Institute summarized the laws that had been passed by states "limiting whether, when and under what circumstances a woman may obtain an abortion". 6.
*38 states require an abortion to be performed by a licensed physician.
*36 states prohibit abortion after a specified point in pregnancy, most often fetal viability, except to protect a woman's life or health.
* 14 states prohibit 'partial-birth' abortion.
* 32 states and the District of Columbia prohibit the use of state funds for abortion.
* 4 states restrict coverage of abortion in private insurance plans.
* 46 states allow individual health care providers to refuse to participate in abortion.
* 43 states allow institutions to refuse to perform abortions.
* 17 states mandate that women be counseled in regard to the purported link between abortion and breast cancer (6 states), the ability of the fetus to feel pain (8 states), mental health consequences (7 states) or the availability of ultrasound (6 states)
* 24 states require that a woman wait a specified period of time, usually 24 hours, between counseling and procedure.
* 34 states require parental involvement in a minor's decision to abort. 22 states require one or both parents to consent, while 10 require that one or both be notified.
Federal Protection for the Unborn/Born Alive Child
* The Born Alive Infant Protection Act, enacted into law in 2002, states that any baby born alive is legally a person and entitled to medical care. Failure to provide it is a crime.
* The Partial-Birth Abortion Ban Act, enacted into law in 2003, prohibits a late-term abortion called partial-birth abortion.
* The Unborn Victims of Violence Act ,enacted into law in 2004, was the first recognition of federal legal rights for an embryo or fetus as a person separate from the woman. This Act made it a separate federal crime to harm a fetus during and assault on the mother.
THE FREEDOM OF CHOICE ACT (FOCA)
This Bill was introduced in April of 2007 but failed to be reported to a committee.
The Freedom of Choice Act "declares that it is the policy of the United States that every woman has the fundamental right to choose to bear a child; terminate a pregnancy prior to fetal viability; or terminate a pregnancy after viability when necessary to protect her life or her health. It prohibits a federal, state, or local governmental entity from denying or interfering with a woman's right to exercise such choices..."
The Freedom of Choice Act was sponsored in the Senate by Senator Barbara Boxer and co-sponsored by 19 co-sponsors, including then Senator Barack Obama.
On July 17, 2007, Senator Obama spoke to the Planned Parenthood Action Fund. He said, "The first thing I'd do as president, is sign the Freedom of Choice Act." 7.
In discussing the Freedom of Choice Act, Brad Mattes, executive director of Life Issues Institute, said, FOCA "is a dangerous bill that President Barack Obama has promised to sign...FOCA... would kick to the curb every protective law that has been passed by Congress, state legislatures, or local communities." 8.
MORAL AND LEGAL AMBIGUITY
When does life begin and who should decide? Legal and moral ramifications lie at the core of decisions about abortion. Women, especially young women, are left in a state of ambiguous concern as to the value of the life of their developing child.
Although abortion became legal in the United States in 1973, Time magazine reported in January of 2003 that "53% of women between ages of 18 through 39 say they consider abortion an act of murder." Results of a TIME/CNN poll reported that 60% of 1,010 adult Americans agreed that it is "too easy for women today to get an abortion." 9.
The Alan Guttmacher Institute, Planned Parenthood's research affiliate, reported that since 1973 the total abortions in the U.S.through 2007 exceeded 49 million, 550 thousand.10.
The Freedom of Choice Act would create extreme and divisive moral confusion in our country.
A "NO" vote to FOCA is the wisest choice.
REFERENCES:1.
Craig, Barbara Hinkson and David M. O'Brien. 1993. Abortion and American Politics. Chatham House:Chatham, New Jersey.
2. Pisano, Marina. "Roe v. Wade at 30". San Antonio Express News. Jan. 20, 2003:1A.
3. Elliott Institute. After Abortion.org. Facts Sheets & Healing: The unChoice.com. 2/3/2009.
4. McQuarrie, Brian. "Guard, clinic at odds at abortion hearing." Boston Globe, April16, 1999.
5. Elliott Institute. After Abortion.org. Facts Sheets & Healing:The UnChoice.com.
Rue, V.M., P.K. Coleman, J.J. Rue, and D. C. Reardon. "Induced abortion and traumatic stress: a preliminary comparison of American and Russian Women." Medical Science Monitor. Sept. 23, 2004. Oc:10(10):SR5-16. E-pub.
6. Guttmacher Institute. "State Policies in Brief:An Overview of Abortion Laws".
www.guttmacher.org. January 1, 2009.
7. Wikipedia, the free encyclopedia. Jan. 30, 2009. "Freedom of Choice Act."
http://wn.wikipedia.org/wiki/Freedom_of_Choice_Act.
8.Butts, Charlie. Jan. 28, 2009. "The fight against FOCA begins."
http://www.onenewsnow.com/Printer.aspx?id-399060.
9. Tumulty, Karen and Viveca Novak. January 27, 2003. "Under the Radar-Thirty years after Roe v. Wade." Time. Vol. 161. No. 3:38-41.
10. National Right to Life. http://www.nrlc.org/ABORTION/facts/abortionstats.html.
2/2/2009.
The terminology used to discuss the issue has been crucial. Initially the terms pro-abortion and anti-abortion were used by the media to discuss the positions of the opposing sides. However, each side sought to use more positive images to package their viewpoints. Those supporting abortion rights favored the term pro-choice in support of a woman's right to control her body. Those opposed to abortion favored the term pro-life in support of the rights of the unborn child. 1.
The positions are emotional extremes with little room for compromise. The nation became torn and continues to be divided. In a 2003 Gallup survey, 47 percent of adults claimed to be pro-choice, while 46 percent claimed pro-life. 2.
SOCIAL PRESSURES TO ABORT
Since the legalization of abortion in the United States the pressures not to abort have been replaced by a multitude of social pressures encouraging abortion.
Industrialized countries now favor lower fertility. A woman may be discouraged from bearing a child by family or friends. Increasing data document that in many cases the choice to abort was not made by the woman but was forced upon her.
The Elliott Institute catalogs and examines the after effects of abortion, focusing on stress experienced by women. They report, "Pressures to abort can come from husbands, parents, doctors, partners, counselors or close friends and family. They may threaten or blackmail a woman into abortion...Coercion can escalate into violence." 3.
An abortion security guard testified that women "were routinely threatened and abused by the boyfriends or husbands who took them to the clinics to make sure they underwent their scheduled abortions. 4.
Research by Rue et. al. studied the relationship between induced aborton and traumatic stress. In a study of 548 women (331 Russian and 217 American) they noted that 64% of women who aborted felt pressured by others; 54% were unsure of their decisions; 67% received no counseling beforehand; 87% received inadequate counseling; 79% were not told about alternatives; 31% had health complication afterwards; and 65% of the American woman suffered multiple symptoms of post-traumatic stress disorders with 14% meeting all of the diagnostic criteria for post traumatic stress disorder. 5.
THE POLITICAL PROCESS UNFOLDS
Because abortion is intimately related to the value and meaning of human life and family, the disputes became acrimonious. A struggle ensured for political control over circumstances under which an abortion could be obtained. States became active in seeking to manage and control the circumstances surrounding abortion.
States Limit Abortion Practices
In January of 2009, the pro-choice Alan Guttmacher Institute summarized the laws that had been passed by states "limiting whether, when and under what circumstances a woman may obtain an abortion". 6.
*38 states require an abortion to be performed by a licensed physician.
*36 states prohibit abortion after a specified point in pregnancy, most often fetal viability, except to protect a woman's life or health.
* 14 states prohibit 'partial-birth' abortion.
* 32 states and the District of Columbia prohibit the use of state funds for abortion.
* 4 states restrict coverage of abortion in private insurance plans.
* 46 states allow individual health care providers to refuse to participate in abortion.
* 43 states allow institutions to refuse to perform abortions.
* 17 states mandate that women be counseled in regard to the purported link between abortion and breast cancer (6 states), the ability of the fetus to feel pain (8 states), mental health consequences (7 states) or the availability of ultrasound (6 states)
* 24 states require that a woman wait a specified period of time, usually 24 hours, between counseling and procedure.
* 34 states require parental involvement in a minor's decision to abort. 22 states require one or both parents to consent, while 10 require that one or both be notified.
Federal Protection for the Unborn/Born Alive Child
* The Born Alive Infant Protection Act, enacted into law in 2002, states that any baby born alive is legally a person and entitled to medical care. Failure to provide it is a crime.
* The Partial-Birth Abortion Ban Act, enacted into law in 2003, prohibits a late-term abortion called partial-birth abortion.
* The Unborn Victims of Violence Act ,enacted into law in 2004, was the first recognition of federal legal rights for an embryo or fetus as a person separate from the woman. This Act made it a separate federal crime to harm a fetus during and assault on the mother.
THE FREEDOM OF CHOICE ACT (FOCA)
This Bill was introduced in April of 2007 but failed to be reported to a committee.
The Freedom of Choice Act "declares that it is the policy of the United States that every woman has the fundamental right to choose to bear a child; terminate a pregnancy prior to fetal viability; or terminate a pregnancy after viability when necessary to protect her life or her health. It prohibits a federal, state, or local governmental entity from denying or interfering with a woman's right to exercise such choices..."
The Freedom of Choice Act was sponsored in the Senate by Senator Barbara Boxer and co-sponsored by 19 co-sponsors, including then Senator Barack Obama.
On July 17, 2007, Senator Obama spoke to the Planned Parenthood Action Fund. He said, "The first thing I'd do as president, is sign the Freedom of Choice Act." 7.
In discussing the Freedom of Choice Act, Brad Mattes, executive director of Life Issues Institute, said, FOCA "is a dangerous bill that President Barack Obama has promised to sign...FOCA... would kick to the curb every protective law that has been passed by Congress, state legislatures, or local communities." 8.
MORAL AND LEGAL AMBIGUITY
When does life begin and who should decide? Legal and moral ramifications lie at the core of decisions about abortion. Women, especially young women, are left in a state of ambiguous concern as to the value of the life of their developing child.
Although abortion became legal in the United States in 1973, Time magazine reported in January of 2003 that "53% of women between ages of 18 through 39 say they consider abortion an act of murder." Results of a TIME/CNN poll reported that 60% of 1,010 adult Americans agreed that it is "too easy for women today to get an abortion." 9.
The Alan Guttmacher Institute, Planned Parenthood's research affiliate, reported that since 1973 the total abortions in the U.S.through 2007 exceeded 49 million, 550 thousand.10.
The Freedom of Choice Act would create extreme and divisive moral confusion in our country.
A "NO" vote to FOCA is the wisest choice.
REFERENCES:1.
Craig, Barbara Hinkson and David M. O'Brien. 1993. Abortion and American Politics. Chatham House:Chatham, New Jersey.
2. Pisano, Marina. "Roe v. Wade at 30". San Antonio Express News. Jan. 20, 2003:1A.
3. Elliott Institute. After Abortion.org. Facts Sheets & Healing: The unChoice.com. 2/3/2009.
4. McQuarrie, Brian. "Guard, clinic at odds at abortion hearing." Boston Globe, April16, 1999.
5. Elliott Institute. After Abortion.org. Facts Sheets & Healing:The UnChoice.com.
Rue, V.M., P.K. Coleman, J.J. Rue, and D. C. Reardon. "Induced abortion and traumatic stress: a preliminary comparison of American and Russian Women." Medical Science Monitor. Sept. 23, 2004. Oc:10(10):SR5-16. E-pub.
6. Guttmacher Institute. "State Policies in Brief:An Overview of Abortion Laws".
www.guttmacher.org. January 1, 2009.
7. Wikipedia, the free encyclopedia. Jan. 30, 2009. "Freedom of Choice Act."
http://wn.wikipedia.org/wiki/Freedom_of_Choice_Act.
8.Butts, Charlie. Jan. 28, 2009. "The fight against FOCA begins."
http://www.onenewsnow.com/Printer.aspx?id-399060.
9. Tumulty, Karen and Viveca Novak. January 27, 2003. "Under the Radar-Thirty years after Roe v. Wade." Time. Vol. 161. No. 3:38-41.
10. National Right to Life. http://www.nrlc.org/ABORTION/facts/abortionstats.html.
2/2/2009.
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