A federal protection of
conscience
regulation was promulgated in December, 2008 by the U.S.
Department of Human Services. In March, 2009, the Obama
administration announced that it would revoke the regulation following a
period of public comment that ended on 9 April, 2009.
In response, a number of American groups are gathering
evidence to demonstrate the need for protection of conscience
legislation like the HHS rule. The following examples are drawn
from a
document prepared by
Freedom2Care.org. Health care workers or students who have
experienced coercion or other forms of discrimination can report the
incidents on a
Personal Stories page hosted by the group.
2008
2006
2004
2003
1999-2001
1995-1999
ca. 1989
Undated
Medical student
accused by professor of "abandonment" for no abortion
referral
USA, April, 2008
J. Wesley Earley: "I am a
third-year medical student. In my second semester, we take a Medical
Ethics course. On numerous occasions, I was repudiated by the professor
for my unwillingness to profess as acceptable her position that all
physicians MUST refer a patient wishing an abortion to an abortion
provider (since I obviously was unwilling to perform one myself). The
professor's point was that the woman desiring the abortion was my
patient and I was ethically bound to refer her in order to meet my
ethical obligation of 'non-abandonment' once I had accepted her as a
patient. My response to her was that I was ethically and morally
beholden to defend the life of the unborn child, and that my vow of
placing my patient's well-being before all else took precedent in
preserving the child's life over terminating the pregnancy for the
woman's convenience."
Personal email to Christian Medical Association from
J. Wesley Earley, April 27, 2008
Family medicine physician forced out over contraceptives for unmarried patients
San Antonio, Texas, U.S.A.
May, 2008
Dr. Shelley Phillips, a family
medicine physician practicing in San Antonio, Tex. under a not for-profit
university hospital group, University Health System reported in May 2008 that
the corporation that runs her practice was insisting that she provide
contraception in all cases. Dr.Phillips restricts contraception prescriptions to
married patients. After several patients allegedly complained, her medical
director informed Dr. Phillips that the hospital administration demanded that
all the physicians in the clinic prescribe contraception for any and all
reasons. Dr. Phillips resigned.
Personal emails and phone calls to Christian Medical
Association from Dr. Shelly Phillips, April 24-May 29, 2008.
Medical student afraid to pursue Ob-Gyn career due to abortion pressure
USA, April, 2008
Trevor K. Kitchens: "I am a first year medical
student in the beginning stages of deciding which specialty I would like
to pursue. I am currently very interested in OB/GYN, but I am afraid of
the relationship between this field and abortion. By the way, I am 100%
against abortion, and there is no way I would perform one. Moreover,
there is no way I would tell a patient that abortion is an option under
any circumstance, because I do not believe it is an option.
My concern is that I will start a residence and would
subsequently be required at some point to give a patient the option of
abortion, which I would refuse. My fear is that taking this stand would
cost me my residence position.
"Now, if that is what it comes down to, I will be glad
to take the stand for Jesus Christ and give up my position. However, I
would really like to be able to avoid this situation and complete my
residence so that I could go on and serve the Lord in that field. So I
guess my question is, Can an institution take action against a resident
for taking this type of a stand against abortion? And are there any
institutions in particular that would be understanding of my beliefs and
not ask me to compromise them"
Personal email to Christian Medical Association from
Trevor K. Kitchens, April 22, 2008.
Nurse
practitioner terminated over abortion referral
USA, 2006
Stanley Koleszar, CRNP: "I am a Family Nurse Practitioner who has
been discriminated because of my beliefs on the job. I do not refer
patients for abortions, and at my previous place of employment I was
reprimanded for doing this, and then placed on probation. I was told I
was not a good fit for the company and that I had better look for a job
elsewhere because I was going to lose mine. In all of this I repeatedly
asked if there was something I needed to do to improve, if I was doing
something wrong and if I needed to grow in certain clinical areas. I was
told that this was not the case and that we just did not work together.
I believed that this was probably a violation of my contract with them,
but I really don't want to work at a place where people don't want me."
Personal email to Christian Medical Association from
Stanley L Koleszar, October 10, 2006.
Family medicine physician deemed "too Catholic" for medical license
Kansas City, Kansas, USA
April, 2004
"Dr. Leslie Chorun is one of six
health care professionals who have formed Fertility Care Center of
Kansas City, a medical practice focusing on the Creighton Model of
natural family planning. 'I was told at one point that by not referring
women for abortions or contraception, that was below the standard of
care for physicians,' Chorun said."
"The pressure on Chorun was increasing from the
supervisors of her residency program. Eventually, Chorun was
forced to resign from the residency program months before completion.
Though she was able to obtain licenses to practice in both Kansas and
Missouri, her insistence on building her practice based solely on
natural methods continued to cause her problems. When she applied for
her Missouri license, a friend attempted to intervene with one of her
residency supervisors to help Chorun get a good reference. The
supervisor told her friend, 'She's too Catholic,' Chorun said."
"'Humanae Vitae' changes course of resident doctor's practice,"
Catholic Key, April 9, 2004.
Secretary refused employment by county because of abortion stance
DeKalb Co., Illinois, USA
2003
Court case: "Plaintiff, a part-time secretary in DeKalb
[County's] WIC program, applied for a position as a full-time secretary.
During the interview process, plaintiff, who is bilingual, was asked if
she would be able to translate for Family Planning, another program of
DeKalb, and specifically if she would be able to translate the option of
abortion as an option for an unwanted pregnancy. Plaintiff said she
would find it very difficult to do this because of her moral and
religious beliefs against abortion. On September 4, 2002, Zucher advised
plaintiff she had not been hired for the full-time position because of
her stand on abortion.
"Defendant's motion to dismiss is granted as to the
claims under 42 U.S.C. ยง 300a-7, the Title VII claims against the
individual defendants, and the official capacity claims against the
individuals under Section 1983. The claims for punitive damages against
DeKalb County are stricken. Otherwise, defendants' motion to dismiss is
denied."
Moncivaiz vs. Dekalb, (03 C
50226), United States District Court For The Northern District Of
Illinois, March
12, 2004, Decided. 2004 U.S. Dist. LEXIS 3997.
Medical professor threatened with job loss over
embryocides
Dallas,
Texas, USA
1999-2001
Dr. Rebecca Lavy:
"I was employed in a teaching position at the University of
Texas Southwestern in Dallas, TX from 1999 – 2001. While I was there, the
faculty was required to take in house night call. This included
performing the sexual assault examinations – all of which for Dallas
County were referred to our ER. It was not uncommon to be called to
perform 2-3 of them in a night.
One of the things the department said was required was
that we prescribe for these women the post-coital use of oral
contraceptives (Erroneously, in my opinion, called the ‘post-coital
contraceptive’) I refused to prescribe it and was told, 'This may be an
employment issue.' The obvious, not-so-subtle implication was that I
would be fired if I refused. We went round and round. Since I didn’t
agree with simply calling someone else in (one of the residents) to
prescribe the medication (if prescribing them is ethically wrong, asking
someone else to do it for me is equally wrong).
Personal email to Christian Medical Association from
Dr. Rebecca Lavy, October 07, 2006
Ob-Gyn physician's malpractice insurer insists on lesbian insemination
Sonoma County, California, USA
1995-1999
Vicki L. Duncan, MD FACOG:
"I recall receiving a call to see if I would perform intrauterine
insemination for a lesbian couple in the late 90's. I contacted my
malpractice carrier for legal advice, and was told that if I refused for
them, but did so for a married, heterosexual couple, I would likely be
sued, and they would not provide coverage. It also extended to a
non-married couple. That was when I decided to no longer perform
intrauterine inseminations. This occurred in Sonoma County, California.
The insurance carrier was Norcal."
Personal email to Christian Medical Association from
Vicki L. Duncan, MD FACOG, October 7, 2006.
Military physician
forced to refer for abortions
US Military, ca. 1989
Donald F.
Thompson, MD, MPH&TM: I entered the practice of medicine from a deep
commitment to serve my fellow man, and have been discouraged recently as I have
been required to participate in activities that violate my personal convictions.
As a physician with over a quarter century of service in the
U.S. military, I take my vows very seriously. Twenty-six years ago I swore an
oath to protect and defend the Constitution of the United States, not realizing
then that my commitment would include extensive life threatening service in
Afghanistan and Iraq in recent months.
I continue to fulfill this commitment gladly and without
hesitation. Twenty-two years ago, I took the Hippocratic Oath when I graduated
from medical school, but regrettably was required by military regulations to
violate it within my first few years of practice by participating in referring
women for abortions.
Letter from Dr. Thompson to The Honorable Michael 0. Leavitt,
July 23, 2008
Ob-Gyn intern loses privileges for refusing to perform abortions
USA
Sandy Christiansen, MD: "As an
intern, the opportunity to get into the OR was a great privilege, as
most of our time was spent in L&D or the clinic. I was the only intern
who declined to perform elective abortions, and I made it clear that it
was because of my Christian beliefs.
One of my fellow interns was frequently given the
privilege of scrubbing in on Gyn cases. I questioned my chief resident
as to why I wasn’t being given that opportunity and she replied that
Susie was working hard doing the abortions and had earned this privilege
whereas I had ‘refused’ to do this work and hence did not get the
'perk.'"
Ob-Gyn physician reamed out over refusal to perform abortion
USA, 2006
Sandy Christiansen, MD: "I was the chief of the
obstetrical service and was thus responsible for the care and management
of all of the obstetrical patients on the clinic service. We had a
patient, at the time, whose baby was diagnosed with Down’s syndrome and
the mother had decided to abort. Since she was so far along, she was to
have labor induced and was to be managed on the obstetrical floor. I
spoke with my attending physician and told her that I did not feel
comfortable being involved with this patient’s abortion because of my
Christian beliefs and I had spoken with another resident who was willing
to oversee this patient’s care in my stead.
"The attending proceeded to reprimand me loudly in
front of my team of residents, interns and medical students. She accused
me of abandoning my patient, of shirking my responsibilities and being
insensitive to my patient. Not once did she acknowledge that I had a
legitimate reason to take such a stand. During private practice, I have
not experienced such blatant examples of religious discrimination, but
have certainly felt ‘snubbed’ or dismissed for my beliefs. In
general, there has not been a collegiate atmosphere of mutual respect for
differing stances."
Personal email to Christian Medical Association from
Sandy Christiansen, MD, October 24, 2006
In-vitro physician faced ethics charges for embryo-saving stance
USA
Dr. Jeffrey A.
Keenan: "Earlier in my career, I was basically
brought up on ethics violation charges because I refused to work with
patients who would destroy embryos. Even though there were other MD's in
the community and even in our department who did destroy embryos, I was
forced to basically be confronted with these charges in public and
endure the 'hearing'. I won out in the end of course, but it was still
very disturbing."
Personal email to Christian Medical Association from
Jeffrey A. Keenan, October 10, 2006.
Anesthesiologist must anesthetize for abortion as employment condition
USA
Frank Block, Jr., MD: "One place that I
interviewed for a job told me in no uncertain terms that while they
would try to keep me away from the abortions but that I would, in fact,
have to provide anesthesia for abortions if I went there. (I didn't go
there.) My whole career path has been focused upon finding places where
I would have minimal hassles over my beliefs. I am happy to defend them,
but I am not happy to have an ongoing issue over them."
Personal email to Christian Medical Association from
Frank Block, Jr., MD, October 08, 2006.