Protection of Conscience in an Earthquake Zone 
	Presented at the Catholic Women's League Archdiocesan Convention
	    Vancouver, British Columbia, Canada: 8 May, 2002
	                
				
				
	
    
        
            Full Text
         
     
	Introduction
	Thank you for extending the invitation to speak at your Archdiocesan 
	convention. My wife is a member of the League, and I am told by the husband 
	of a long-standing CWL member, a man of great experience and wisdom in such 
	things, that this makes me a member of the CWL auxiliary.
	Now, I am not here today in my capacity as a member of the CWL auxiliary, 
	but to introduce you to the Protection of Conscience Project, and, more 
	important, to the problem that brought it into existence.
	Problem
	Let's begin with the problem. Imagine following situations:
	
		- You are an operating room nurse. You are repeatedly refused a job 
		because you don't want to assist in abortions.1
		
- You are a physician with strong moral objections to extramarital 
		sex. You refuse to provide Viagra or birth control pills to single 
		patients. You are charged for professional misconduct, and may lose your 
		licence to practise medicine.2
		
- You are a probationary welfare worker. You are fired because you 
		refused to authorize payment for an illegal abortion.3
		
- You are a student nurse, and your preceptor has strongly indicated 
		that your refusal to dispense the potentially abortifacient 'morning 
		after pill' may result in a failing grade.4
		
- You are a pharmacist. A woman who knows that you will not 
		dispense contraceptives for moral reasons deliberately approaches 
		you and demands to be given birth control pills. You refuse. Your 
		employer suspends you, and the woman lodges a complaint of professional 
		misconduct. A year later, you still aren't working.5
		
		
- You are a health care professional who doesn't want to be involved 
		in activity that contradicts your moral or religious convictions. 
		Colleagues and newspaper columnists tell you to find another job. A 
		University of Toronto professor says that people like you are "scum."6
These are actual incidents, involving real people.
	This is tolerance, Canadian style. This is what brought the Protection of 
	Conscience Project into existence in December, 1999.
	The Project
	The Project is just that - a project. It is not a society or 
	organization, but a non-profit, non-denominational initiative that is the 
	work of a project team and advisory board.
	The team consists of an administrator, who maintains the website and 
	manages day-to-day operations, and a human rights specialist. I am the 
	Project Administrator. The human rights specialist is Michael Markwick, of 
	West Vancouver, former executive assistant to the Chief Commissioner of the 
	Ontario Human Rights Commission, and past President of the British Columbia 
	Chapter of the Catholic Civil Rights League (Canada).
	The Project advisory board includes seven advisors from different 
	disciplines and from different faith traditions:
	
		- Janet Ajzenstat, B.A., 
		M.A., Ph.d; Associate Professor, Department of Political Science, 
		McMaster University, Hamilton, Ontario, Canada
 
- 
		Dr. Shahid Athar, M.D., F.A.C.E.; Clinical Associate Professor of 
		Internal Medicine and Endocrinology, Indiana School of Medicine, 
		Indianapolis, Indiana, U.S.A. Dr. Athar is currently the elected 
		vice_president of the Islamic Medical Association of North America and 
		the Chair of its Medical Ethics Committee.
 
- 
		
		J. Budziszewski, Ph.D; Associate Professor, Departments of 
		Government and Political Philosophy, University of Texas (Austin), 
		U.S.A.
 
- 
		
		Dr. John Fleming, B.A., Th.L. (Hons), Ph.D.; Director, Southern 
		Cross Bioethics Institute, Adelaide, Australia
 
- 
		
		Henk Jochemsen, PhD; Director, Prof.dr. G.A. Lindeboom Institute, 
		Amsterdam, Netherlands
 
- 
		
		David Novak, A.B., M.H.L., Ph.d.; Professor of the Study of Religion 
		at the University of Toronto, and also Professor of Philosophy, with 
		appointments in University College, the Faculty of Law, the Joint Centre 
		for Bioethics, and the Institute of Medical Science. University of 
		Toronto, Ontario, Canada.
 
- 
		
		Lynn D. Wardle, J.D.; Professor of Law, J. Reuben Clark Law School, 
		Brigham Young University, Salt Lake City, Utah, U.S.A.
General Policy
	The general policy of the Project is that the people best placed to deal 
	with a problem are those who are most directly involved. Thus, the Project 
	does not direct or manage protection of conscience initiatives. It is not 
	"Conscience Central Control". Instead, it provides information, offers 
	suggestions, encourages co-operation and facilitates communication. In 
	addition, on specific issues, other activities are undertaken that are 
	intended to encourage respect for freedom of conscience in health care. To 
	date, these activities have included:
	Letters:
	
		- editors of newspapers and professional journals7
- regulatory authorities
- politicians
Submissions:
	
	Papers:
	
	Reports:
	
	Other:
	
		- Media interviews
- Ad hoc meetings
Website
	The Project website (https://www.consciencelaws.org) includes a variety of 
	material that is intended to assist conscientious objectors and people 
	working for freedom of conscience in health care. Among other things, on the 
	website you will find:
	
	Statistics on visitors to the website indicate a continuing interest in 
	the subject. The number of user sessions per month has climbed from about 
	1,500 in July, 2001 to over 3,100 in April, 2002. On average, there were 
	over 100 user sessions per day in April, with an average visit time of a 
	little over 11 minutes.
	The Home Page and site Map are posted in English, French and Spanish; 
	translation of these pages into Italian has begun, courtesy a CWL member. 
	Links on other pages provide access to a web translation service. The 
	intention is to provide 'protection of conscience' with a minimum Internet 
	presence in other languages, in the hope that this will encourage similar 
	projects in the non-English speaking world.
	Project Focus
	The Project's focus is fairly specific. In the first place, we 
	concentrate on health care and bioethics, even though there are grave 
	reasons for concern about freedom of conscience and religion in other fields 
	as well. This policy follows a realistic appraisal of limitations on 
	resources and time, and reflects a prudential judgement about how the 
	Project can be most effective.
	The Project does not engage in debate on the morality of controversial 
	procedures. Articulation of the reasons behind conscientious objection often 
	requires discussion of moral decision making, but this is always done 
	only for the purpose of illuminating an objector's position. The goal is
	not to prove that the objector is correct, but to demonstrate that 
	the objector's position cannot be dismissed as unreasonable. Definitive 
	arguments against abortion, euthanasia, or other controversial procedures 
	are left to pro-life advocates.
	The reason for avoiding pro-life argument is that many so-called 
	'pro-choice' people dismiss conscience advocates as 'closet pro-lifers' 
	whose real aim is to deny access to abortion. These specious claims 
	about a 'hidden agenda' are a smear tactic that imputes dishonest motives to 
	conscientious objectors. Mixing pro-life arguments with freedom of 
	conscience advocacy lends credence to this, and makes it easier for 
	opponents to avoid embarrassing questions, like, "Why do you call yourself 
	'pro-choice' if you deny freedom of choice to those who don't agree with 
	you?"
	Not all pro-lifers are comfortable with this approach. Some, for whom I 
	have great respect, disagree with it. I think that this is quite natural, 
	and I don't consider it a problem.
	Scope of concern
	I have frequently mentioned conscientious objection to abortion. The 
	legalization of abortion was, in fact, what triggered the passage of the 
	earliest protection of conscience laws. Abortion remains a significant cause 
	of concern because it is both morally controversial and widely
	practised.15 
	Nonetheless, it would be a serious mistake to associate the need for 
	protection of conscience legislation only with abortion. Consider the 
	problems posed by assisted suicide and euthanasia.
	You are aware that Oregon legalized assisted suicide in 1997. Although 
	often called by the acronym "PAS"- physician assisted suicide - one hospice 
	administrator has noted that it is usually nurses who are on the 'front 
	lines'.16 
	     
	In fact, an article in a professional medical journal in the United States 
	suggested that it would be better for nurses to take the lead in assisted 
	suicide, because helping patients to kill themselves violates a physician's 
	'professional integrity'.17 One wonders what opinion the authors have of nurses.
	What is particularly interesting is the result of a survey of nursing 
	teams employed by an Oregon hospice. While most of the nurses strongly 
	supported the notion that patients should be able to choose physician 
	assisted suicide, most did not want to participate in it.18 What does the future hold for them? 
	For one answer, we might look to the Netherlands, where euthanasia has 
	been practised for years, though officially legalized only this year.
	Dr. Peter Hildering of the Dutch Physicians Guild has received reports of 
	discrimination against physicians who won't participate in euthanasia. The 
	extent of the problem depends upon the specialty; nursing home physicians 
	and general practitioners who won't participate in euthanasia report 
	difficulties in finding practices. Medical students who admit that they 
	would refuse to assist with euthanasia are unwelcome in some places. Dr. 
	Hildering tells two stories to illustrate the situation:
	A general practitioner I know of says he doesn't want to work 
			with doctors who don't perform euthanasia. He worries that the 
			patients of the [conscientious objector] doctor will all come to him 
			for euthanasia-and he's not happy with that. One of the groups in a 
			rural area had a visit by the inspector for health because one of 
			the doctors wouldn't perform euthanasia in that group. And he put it 
			to that group of doctors that they had to look for a way for their 
			patients to get euthanasia because he felt it was a normal medical 
			practice to offer.19
	That, in Holland.
	You may not be aware that Belgium has begun the process of legalizing 
	euthanasia, and that the Belgian Free University is already making plans to 
	instruct medical students in euthanasia techniques. You may not be aware 
	that an assisted suicide bill was just narrowly defeated in Hawaii. But you 
	surely are familiar with the continuing lobby for the legalization of 
	assisted suicide and euthanasia in North America. I suggest that it would be 
	most unrealistic to believe that this will not continue, or to think that 
	what is happening in the Netherlands cannot happen here. 
	On the contrary: the personal integrity of health care workers who want 
	to practise in conformity with their conscientious convictions is already 
	seriously at risk. I have cited some particular cases, but these are like 
	sudden fractures that occur here or there along fault lines in the earth's 
	crust. To be caught by an ethical earthquake triggered by one's 
	conscientious convictions can be both frightening and damaging, but such 
	quakes are actually caused by enormous pressures that continue to 
	build, slowly and quietly, deep in the foundations of our society. The 
	wealthy western world has become a vast moral earthquake zone, and the 
	controversies shaking it concern far more than abortion, assisted suicide 
	and euthanasia.
	
		- Artificial reproductive technologies are a constant source of moral 
		controversy, not the least because human embryos produced artificially 
		become raw material for various kinds of research.20
		    
- Eugenics, practised by means of pre-natal screening and 
		pre-implantation genetic diagnosis, is a daily reality,21 
		    
		encouraged by 'wrongful birth' and 'wrongful life' suits.22
		   
- Trafficking in human organs and fetal tissue has become a world-wide
		problem.23
		    23
- Some prominent ethicists have suggested that animals used in 
		research could be replaced by infants, the mentally retarded and 
		comatose patients.24
Protection of conscience concerns in the 1960's were largely 
	related to abortion. We've come a long way since then.
	What does the future hold?
	These developments suggest that conflicts of conscience experienced by 
	health care workers are likely to become increasingly frequent as time goes 
	on, at least among those who are principled moralists or religious 
	believers. Specific legislation exists in some countries - notably in most 
	of the American states - that provides some protection for such people. 
	However, in most cases, existing laws are inadequate, for a number of 
	reasons. And no protection of conscience laws exist in Canada.
	Canadian politicians are generally uninterested in the problem. This may 
	have something to do with our political traditions, which include rigid 
	party discipline, enforced by 'whips' and the threat of reprisal. Government 
	members who vote against their party for reasons of conscience may be 
	deprived of influential positions, excluded from nomination in the next 
	election, and see their constituents denied government money and programmes 
	for the rest of their terms. Similar sanctions can be applied to members of 
	opposition parties. Note that "free votes" or "conscience votes" in 
	parliament and provincial legislatures are so unusual that they make 
	headlines. A political environment in which freedom of conscience is treated 
	as a rare privilege is not well suited to the development of protection of 
	conscience legislation.
	One generally meets with one of two responses from politicians at the 
	provincial or federal level. The first is that adequate protection is 
	already available under existing human rights law.25 
	    
	If this is true - I suggest that it is not - it is available only to people 
	who have the good health and emotional stamina to endure months or even 
	years of litigation, and who can pay thousands upon thousands of dollars in 
	legal costs, perhaps after having been deprived of their income by 
	suspension or dismissal.
	For example, it took five years for eight nurses to grind through the 
	human rights process in Ontario to reach the point at which a hearing was to
	begin - five years before their case was even to be heard. The 
	hospital settled at the last moment, but the economic and emotional toll on 
	the nurses was significant. All had lost their full-time employment at the 
	hospital, one had died, and others had suffered stress-related illness.26
	A second response from politicians is that workers should seek protection 
	of conscience provisions in their collective agreements.27   
	Well, many workers are not covered by collective agreements. But there is a 
	more important point. What is the 'market value' to be put on freedom of 
	conscience and religion when it is thrown onto the bargaining table? Should 
	it be bartered for thirty dollars a week? Shall we trade it for an extra 
	week's vacation pay? That workers should be forced to bargain for freedoms 
	that are supposed to be their birthright ought to be repugnant to the 
	citizens of a free country, and politicians who suggest it should be ashamed 
	of themselves.
	Summary
	I have reviewed the problems that led to the formation of the Protection of Conscience Project, introduced you to the Project and outlined the scope of its concern, and touched upon the political situation in Canada.
	What can the CWL do?
	The suggestions I have are all intended for parish consorts of the CWL 
	rather than the diocesan, provincial or national levels of the League.
	Speaking as the Administrator of the Protection of Conscience Project, 
	with respect to protection of conscience in health care:
	
		- Translate the Home Page and Map into Portuguese, Dutch, German or 
		other languages
- Make sure that health care workers in your parishes know that they 
		have your support.
- Sponsor an essay competition among high school students on the theme 
		of freedom of conscience in a secular society.
- If you become aware of a conscientious objector who needs financial 
		support to cover legal costs, undertake fundraising to assist, and 
		encourage other groups to do the same.
	Notes
    Re: Update/Revision
    A comment in the written text of the presentation was subsequently deleted because the report it cited was found to have misrepresented what had taken place.  See Lloyd Grove, "The PETA people squirm", The Washington Post (13 January, 2000).
    1.   Sean Murphy, "Nurse Denied Employment, Forced to Resign: A Two Tiered System of Civil Rights - British Columbia, Canada (1977-1984)" (28 September, 2020), Protection of Conscience Project (website).
    
    
    2.    Cheryl Canning, "Doctor's faith under scrutiny:Barrie physician won't offer the pill, could lose his licence", The Barrie Examiner (21 February, 2002) [Canning].
    3.    Sean Murphy, "'Insubordination': Worker
    fired for refusing payment for illegal abortion" (1 October, 2020), Protection of Conscience Project (website).
	4.    Private communications between the Administrator and 
	student nurse (2001). 
	5.    Private communications between the Administrator and 
	pharmacist. Case still not resolved.
    6.    Canning, supra note 2 at Dr. James Robert Brown.
    7.     For example, Sean Murphy, "Project letter to the Edmonton Sun", (25 April, 2000) Protection of Conscience Project (website).
    8.    Protection of Conscience Project, "Submission to the All-Party Oireachtas Committee on the Constitution (Ireland)" (19 June, 2000),  Protection of Conscience Project (website).
    9.    Protection of Conscience Project, "Submission to the Executive Council of the British Columbia Civil Liberties Association" (19 September, 2000), Protection of Conscience Project, (website).
    10.    Protection of Conscience Project, “Submission to the Minister of Health (Canada) re: Assisted Human Reproduction Act” (10 December, 2001), Protection of Conscience Project (website).
    11.    Protection of Conscience Project, Submission to the Select Special Freedom of Information and Protection of Privacy Act Review Committee (Alberta) (11 April, 2002),  Protection of Conscience Project (website).
    12.    Sean Murphy, "Freedom of Conscience and the Needs of the Patient" (Paper presented at the Obstetrics and Gynaecology Conference New Developments - New Boundaries,
        Banff, Alberta, 9-12 November, 2001) (unpublished), Protection of Conscience Project (website).
    13.    Protection of Conscience Project, "Report 2000-01 Re: Access to Abortion Services Act (British Columbia): Implications for conscientious objectors"  (27 October, 2000), Protection of Conscience Project (website).
    14.    Protection of Conscience Project, "Report 2001-01 Re: College of Pharmacists of British Columbia - Conduct of the Ethics Advisory Committee" (26 March, 2001), Protection of Conscience Project (website).
	15.    A conference in Rome organized by
	Matercare International in June, 
	2001, heard from obstetricians and gynaecologists from around the world who 
	face discrimination because they are morally opposed to abortion. For example, RL Walley, “Question of Conscience” (Paper delivered at The Future of Obstetrics and Gynaecology: The Fundamental Right To Practice and be Trained According to Conscience: An International Meeting of Catholic Obstetricians and Gynaecologists - Rome, June 2001) (unpublished).
    16.    Carrie Farella, "Assisted Suicide: What Role for Nurses?", Nursing Spectrum Magazine (15 May, 2000) [Farella].
    17.    Kathy Faber-Langendoen & Jason H.T. Karlawish, "Should assisted 
	suicide be only physician assisted?" (2000) 132:6 Annals Intern Med 482-487.    
    18.    Farella, supra note 9.
	19.    Jonathan Imbody, "A national battle over healthcare ethics threatens to put any 
	conscience-guided Doctor in the Lions' Den", Today's Christian Doctor (Fall, 2001).
    20.    A Canadian Ministry of Health spokesman described 
	embryo 'adoption' as "just the donation of reproductive material". Marnie Ko, 
	"Would You Like Fries with that Embryo? It's Not Adoption, Just 'Material'", Alberta 
	Report Newsmagazine (31 May, 1999). 
	21.    Richard Lynn, emeritus professor of psychology at 
	the University of Ulster, asserts that eugenics is being practised in the 
	form of pre-implantation genetic diagnosis, and that there is nothing wrong 
	with the notion that the "genetic quality of the population" can be improved 
	by eugenic practices. Richard Lynn, Eugenics: A Reassessment (Westport, Connecticut: Praeger Publishers, 2001) at 252 & viii para 5.
	22.    Mathhew A. Rarey, "Doctor sued for birth of Down Syndrome child", The Washington Times (4 August, 1999).
    23.    Doctors are suggesting that governments should pay living donors who offer kidneys for transplantation. The kidneys would become part of a pool that could be screened and offered to recipients. The proposed scheme would continue to prohibit the purchase of organs by individuals. It is being suggested as a way of dealing with black market trade in human organs. Jeremy Laurance, "Surgeons call for legalised trade in body parts: Boom in illicit transplants from Third World forces medical community to confront an age-old taboo", Independent Digital UK (9 April, 2002). 
	24.    Peter Singer, The Animal Liberation Movement (Nottingham, England: Old Hammond Press, 1987) at 8; Jill Neimark, Jill, "Living 
	and Dying with Peter Singer," Psychology Today, (January-February, 
	1999) at 58. Both quoted in Wesley J Smith, Culture of Death: The Assault on Medical Ethics in America (San Francisco CA: 2000) at 210-211.
	25.    Letter from Stan Woloshyn, Minister of Community 
	Development (Alberta), to Peggy Anderson (4 December, 2000). 
    26.    Sue Careless, "Nurses Triumphant! Human Rights Case Ends in Settlement", The Interim (May, 1999).
    27.     Letter from Paul Ramsey, Minister for Health and Minister Responsible for Seniors (B.C.) to Sean Murphy (28 July, 1995);
	Letter from John Jansen, Ministry of Health (B.C.) to Kathleen M. Toth (26 
	April, 1991).