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Moreover, using government to impose a conscienceless amorality on everyone threatens a true culture war. Ms. Goodman gets it entirely wrong when she writes: "the plea to protect their conscience is a thinly veiled ploy for conquest."
A legal prohibition on abortion, or contraception, or homosexuality would be an attempt at "conquest." Simply saying "I opt out, but I won't stop others" seeks to resolve moral conflict without prohibiting or mandating conduct. It is the best strategy for promoting social harmony in a diverse and free society.
Otherwise, there is no middle ground for coexistence: whatever government decides determines everyone's behavior. Prohibiting something means penalizing those who provide the practice or product. Allowing something means penalizing those who do not offer the service or good. Everyone has an added incentive to seize power and impose their beliefs on others.
The best strategy is to leave government rule-making at a minimum, limited to important issues which only government can decide. Then, as Ms. Goodman suggests, "what holds us together is the other lowly virtue, minding your own business."
OPEN MARKETS ALLOW EVEN disagreeable people who disagree to live with a minimum of confrontation. A Chicago Planned Parenthood official argued: "A pharmacist's personal views cannot intrude on the relationship between a woman and her doctor." They don't. The woman can go elsewhere to fill a prescription.
The refusal of any one doctor, landlord, or pharmacist may be inconvenient to the customer involved. But in America today there are more than 16,000 hospitals and 51,000 retail pharmacies. Government could further increase access to contraceptives by relaxing prescription requirements.
In such a system everyone is able to choose. And everyone bears the cost of his or her choice.
A person desiring an abortion or contraceptive has to shop around. A hospital or pharmacy that refuses to offer certain services or products will lose business.
A doctor or pharmacist who won't abide by his or her employer's rules must look for another job. But life goes on, without constant legal and political battles.
Frances Kissling of Catholics for a Free Choice argues that "There is very little recognition that the conscience of the woman is as important, let alone more important, than the conscience of the provider." They are both important, and neither should a priori trump the other.
Are some choices simply illegitimate? Rachel Laser of the National Women's Law Center contends: refusing to fill a prescription is "outrageous. It's sex discrimination."
Actually, many of the pharmacists who say no to the abortion pill and contraceptives are women. Peggy Pace of Glen Carbon, Illinois, is one of two pharmacists suing Gov. Blagojevich over his order.
Judy Waxman of the National Women's Law Center argues that the refusal to fill prescriptions is "based on personal beliefs, not on legitimate medical or professional concerns." But the same could be said of a person desiring contraceptives or an abortion.
The belief that such products or procedures are legitimate is intrinsically no more valid than the belief that they are illegitimate. Surely the moral beliefs of medical professionals should be respected by people who emphasize the importance of "choice" and "controlling one's own body."
UNFORTUNATELY, THE ISSUE IS generating widespread political war. In most states doctors have no obligation to perform an abortion. But states split over hospital provision of the procedure. A dozen states allow health professionals to refuse to offer sterlizations.