Protection of Conscience Project
Protection of Conscience Project
www.consciencelaws.org
Service, not Servitude

Service, not Servitude

Re: Abortion Non-Discrimination Act

U.S. House of Representatives Energy and Commerce Sub-Committee on Health

Protecting the Rights of Conscience of Health Care Providers and a Parent's Right to Know (11 July 2002 ) 

Introduction:

The Sub-Committee hearing addressed two subjects.  Three witnesses spoke concerning freedom of conscience for health care workers, which was relevant to a pending bill (the Abortion Non-Discrimination Act) that had been introduced by the Chairman of the Sub-Committee.

Opening remarks of Chairman Michael Bilrakis
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. . . Today’s hearing will touch on two subjects that I know many members of the subcommittee, myself included, feel very strongly about. Because of the vastly divergent views and strong feelings invoked by the issues we will be discussing today, I believe it is important to have a hearing which will afford us the opportunity to listen to different viewpoints. And I think this open dialog and expert testimony will aid all members in making an informed decision about how best to legislate in this area.

Our first panel will discuss an issue that we commonly refer to as the conscience clause. In 1996, the Congress passed, and President Clinton signed into law, provisions that provide protections to health care professionals and a, ‘‘health care entity’’ from being forced to perform abortions if they have moral or religious objections to the procedure. However, court interpretations have called into question whether these sections of law apply to hospitals that object to offering elective abortions.

In 1998, a number of senators attempted to clarify the record by stating that a health care entity was defined to include physicians and other which does not mean that it excludes hospitals. However, this clarification has not been sufficient and it has come to my attention that we need to amend the current statute to ensure that hospitals are covered by the conscience clause. Consequently, I have introduced H.R. 4691, the Abortion Non-Discrimination Act, to guarantee that all health care entities are afforded the important protections provided by the original law, as I believe was intended. . .

Witness List (Re: Rights of Conscience of Health Care Providers)

Lynn D. Wardle, JD

Karen Vosburgh

Catherine Weiss