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Feature
The Right of Conscience in the Age of Obama
It can no longer be taken for granted. From our November issue.
“Conscience is the most sacred of all property.”
—James Madison
Nurse Catherina Cenzon-DeCarlo winced as the doctor inserted
forceps into his patient’s dilated cervix and pushed them deep into
her uterus. Then she stood shocked as he carefully plucked, piece
by piece, parts of the patient’s unborn child, pulling them back
through the cervix and vagina, and ultimately placed them in a
specimen cup. DeCarlo then was required to pour saline into the cup
and deliver the bloody body parts to the specimen room.
On May 24, DeCarlo, a nurse at Mount Sinai Hospital in New York City, was forced to participate in the killing of a 22-week-old unborn child by dismemberment. As she began her shift that morning, a superior informed her that she needed to assist in the late second-term abortion. DeCarlo protested that as a practicing Catholic, she had strongly held religious beliefs against killing unborn children.
Though she had repeatedly and in writing made her belief known to hospital administrators since she was hired five years earlier, DeCarlo was told on that day that if she did not participate, she would be charged with “insubordination and patient abandonment.” That meant she might lose her job or her nursing license or both. Despite repeated tearful pleas, DeCarlo was refused. The next day, DeCarlo called the Alliance Defense Fund, which has filed a federal lawsuit on her behalf. DeCarlo stated later:
I couldn’t believe that this could happen in the United States, where freedom is held sacred. I still remember the baby’s mangled body with twisted and torn arms, fingers, legs and feet. It felt like a horror film unfolding. I kept imagining the pain this baby must have gone through while being torn apart with the forceps. It was devastating.
Pro-life advocates have had a year to come to terms with the most strident abortion advocate ever to ascend to the U.S. presidency. Having relied on either a pro-life president or pro-life congressional majority for 26 of the last 29 years, they confront an opposition emboldened as never before.
Nowhere is the scope of the abortion movement’s ambition more evident than in its aggressive attacks on the rights of health care providers not to participate in life-destroying procedures. Through their statements and actions, Barack Obama and his abortion industry allies are pushing their goal to make experiences like DeCarlo’s much more common.
THE PRIMACY OF CONSCIENCE is well established in American law. In 1973, after the U.S. Supreme Court’s Roe v. Wade decision legalizing abortion nationwide, Congress passed the Church Amendment, which exempts private entities that receive public funds from having to provide abortions or sterilizations, and protects health care workers from being forced to assist in abortions and other practices if they work for fund recipients.
Subsequent laws have reinforced federal conscience rights and extended them to prohibit discrimination at all levels of government for refusing to participate in or train for abortion. According to the Guttmacher Institute, a nonprofit research organization affiliated with Planned Parenthood, 46 states also allow some health care providers to refuse involvement in abortion.
Despite the vast body of laws protecting conscience rights, there have been numerous recent attempts to weaken them through legislation, the courts, and licensing boards. In 1995, the Accreditation Council for Graduate Medical Education passed a regulation to mandate abortion training for medical school accreditation, and only federal law prevented its enforcement.
In 1997, the Alaska Supreme Court ordered a private, non-sectarian, pro-life hospital to begin performing abortions. And over the past decade, New York, Massachusetts, and California have considered laws to force private hospitals to provide abortion and other services.
Perhaps the most consequential blow to conscience rights came in the form of a simple statement. In November 2007, the American College of Obstetricians and Gynecologists (ACOG) declared that health care providers may not exercise their right of conscience if it might “constitute an imposition of religious or moral beliefs on patients.”
Shortly thereafter, the American Board of Obstetrics and Gynecology (ABOG) issued a policy stating that board certification can be revoked “if there is a violation of ABOG or ACOG rules and or ethics principles or felony convictions.”
According to Donna Harrison, MD, president of the American Association of Pro-Life Obstetricians and Gynecologists, the ACOG-ABOG policy would drive all pro-life ob/gyns out of practice. “In order to practice in hospitals you have to have board certification,” she said in an interview. “Obstetricians and gynecologists have to practice in hospitals because they are procedure-surgery based. If you can’t get hospital privileges, you can’t practice.”
Michael Leavitt, secretary of health and human services under President George W. Bush, summed up the medical establishment’s position: “[I]f a person goes to medical school, they lose their right of conscience.”
About the Author
Daniel Allott is a writer in Washington, D.C.
Letter to the Editor View all comments (74) | Leave a comment
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Motown Mike| 11.18.09 @ 7:40AM
Health care providers:
There is a conscience crisis because you allow it. There is a shortage of nurses and a shortage of pharmacists. You have the power. Organize and resist.
Walter| 11.18.09 @ 9:54AM
In the article, Planned Parenthood lawyer Julie Cantor, MD, wrote in the New England Journal of Medicine that, "As the gatekeepers to medicine, physicians and other healthcare providers have an obligation to choose specialties that are not moral minefields for them. Qualms about abortion, sterilization and birth control? Do not practice women's health...."
Then what will happen when there is a shortage of practitioners in the field of women's health? That will become another issue, another instance where the "misogynistic, masculine biases of American society are threateninig women's health." Probably that will become the stimulus for more government intervention. Perhaps we can force medical students to go into women's health and then force them to ignore their consciences.
I pray that this country will restore its balance and sanity, but I have my doubts.
Melvin| 11.18.09 @ 8:15AM
We all have the power to do something against this human atrocity.
Why as a civilized society should we have to be drawn into a females irresponsibility? Why?
This is what this whole damn issue of abortion rights is, the irresponsibility of the female and the male to exercise proper birth controls when they have sex.
Bottom line Americans are even to damn lazy to go out and utilize the myriad forms of birth control that are available and ultimately resort to the, "hope" technique. Then this results more often than enough by turning into the, "Ooops" technique, which turns into the panic, "Oh my God mode" what am I going to do.
Forcing a doctor or a nurse to perform such a inhuman act is beyond the pale of human
decency, because of some irresponsible woman's
decision, not to get off her lazy butt and not use or demand birth control.
Many males share this irresponsibility as well, by thinking with the little head instead of the big head and not going to the store and buying condoms.
Of all the times as a young man,I didn't hear one woman tell me, "Oh no don't use a condom," more often enough it was, "Here let me help."
To this day I know where each and everyone one of my three children are, and they know where their mom and dad are. When as a grandfather I held my first grandchild for the first time that I fully realized the sanctity of birth and the circle of life beginning anew should not ever, ever be taken lightly.
Walter| 11.18.09 @ 10:05AM
Why is it that drunk drivers cannot use the excuse that they didn't realize what they were doing when they were getting drunk, but are told that they are responsible for themselves as soon as they walk into the bar and couples can excuse their inattention to birth control and people give them a pass because they were "spontaneous". I think that society should apply the same standard to making babies. You are responsible as soon as you know that you're heading toward that goal and it is your responsibility to prevent unwanted pregnancies.
Alan Brooks| 11.23.09 @ 1:23PM
it is men's fault 99 percent.
This is a man's world.
Alan Brooks| 11.18.09 @ 8:59AM
Morality has been permanently replaced by situational ethics.
hunter| 11.18.09 @ 9:00AM
If a case like this was taken to jury trial one could do as the judges that legislate from the bench. That is leglislate from the jury box. Turnabout is fair play. Although it would be better faster to vote butchers of humanity out of office, before the begin on the elderly, then others with differing thoughts
KyMouse| 11.18.09 @ 9:44AM
Watch the struggle over "conscience rights" heat up even further in your neighborhood pharmacy. At present, many pharmacists are uneasy about dispensing medications that deliberately cause abortion, or that may do so. But watch for a different conflict when the push toward euthanasia increases.
Obamacare is expected to limit life-extending care for people who have severe or chronic illnesses, as well as the elderly and people with disabilities. Many people with such problems are clinically depressed -- a condition that can be treated successfully -- and whatever form the "death panels" take, they will urge these patients to seek comfort in death.
Pharmacists will be under increasing pressure to fulfill prescriptions for drugs that hasten death, or merely soothe the patient until death comes. Pharmacists will be torn between filling prescriptions for "pro-death" drugs or urging Mrs. Jones to ask her physician whether she might have (treatable) clinical depression.
Ken (Old Texican)| 11.18.09 @ 9:53AM
Number one, we must vote these murderers out of office...post haste.
Number two, Civil disobedience on the part of every doctor and nurse with a conscience in the mean time.
Number three, start cutting down the bureaucracies and regulators to size.
stmichrick| 11.18.09 @ 10:09AM
If they want to incorporate abortion 'services' into national healthcare, it should include a stipulation that the woman must have viewed an image of her fetus (the face, preferably) prior to giving consent.
Better yet, watch a procedure on video.
Al Adab| 11.18.09 @ 10:29AM
For too many years we have worshiped the Idol "Choice" along with a couple others. Idolotry is never rewarded and God judges the nations. Is it any wonder that we find ourselves in these straights?
The health takeover bills must be defeated in this Congress as the next will be so changed as to examine entirely different approaches and perhaps better define the "problem" if indeed there actually is one.
Wee Willie| 11.18.09 @ 11:17AM
Non leftists accuse leftists as being hypocritical. This in not true. In truth, the left reflects in a intellectual ghetto. Any information that is contrary to its worldview is ignored or put into memory hole and the bearers of such information are ostracized.
In the current health care bill in congress is strong support for forcing religions institutions and people to aid in abortions. This is forcing people to perform morally repugnant acts. Yet, the left actively prevent horse slaughter for human consumption. Note, leftist persons are neither forced to kill or eat said horses. Yet they wish to impose there values to force Christians to perform immoral acts but will prevent others from performing the useful service of culling horses and earning foreign exchange by shipping prime horse flesh to Japan or France .
Al Adab| 11.18.09 @ 12:54PM
That is a pretty fair analysis. They are so trapped in their own world view, true believers one might say, that they discount not only alternative views, but any evidence contrary to their preferred beliefs. One might view them as adhering on faith to myths.
Pingback| 11.18.09 @ 11:41AM
Twitter Trackbacks for The American Spectator : The Right of Conscience in the Age o links to this page. Here’s an excerpt:
Margie| 11.18.09 @ 12:08PM
A Nurse friend of mine used to call Bill & Hillary Mr. & Mrs. Abortion.
This Thug and his minions wants to kill them coming and going. The not yet born, and the "too old." And all to be paid for by your soon coming "Health Ins.." And they tell us we're to be discredited for calling an Ace an Ace, for saying he is like Hitler, or Stalin!
Pingback| 11.18.09 @ 12:38PM
ADF Alliance Alert » Daniel Allott and Matt Bowman: The Right of Conscience in the Ag links to this page. Here’s an excerpt:
Tim| 11.18.09 @ 1:09PM
The Glory of Baal.
Al Adab| 11.18.09 @ 6:35PM
Wasn't it Moloch (or Melqart) in Carthage to whom the babies were sacrificed in fire? Both may be the same and simply be avatars of Baal or a rite of his. In any event, idolotry is just that.
Sir| 11.18.09 @ 1:22PM
My opinion:
ALL abortions should be illegal. IF the girl/woman is willing to sign an affidavit/criminal complaint that she's been raped, positively naming a perpetrator, then perhaps allow the abortion. If she makes the complaint, and it's false, she goes to jail for false accusation & prosecution.
Simple. After all, everyone wants it to be rare, right?
KyMouse| 11.19.09 @ 9:31AM
Sir, why should a baby be put to death for the crime of his/her father? We don't execute a man who commits rape, so why should his baby be executed? Babies are innocent; and they don't choose when, where and how they will be conceived.
Abortion is not only deadly for the baby, it often seems like a second act of violence to the mother who was raped. And a second act of violence won't undo the first one.
Mothers deserve better than abortion, and every child deserves a chance.
Margie| 11.19.09 @ 2:11PM
Excellently said, KYMouse.
Louis Jenkins| 11.18.09 @ 3:36PM
How are we going to vote the killers out? Roe vs Wade was approved by the Supremes, and it will remain an icon of our warped society, much like the Big Mac, or Coke. This government will never maintain a conservative majority long enough to affirm a conservative Supreme Court and subsequently overturn Roe vs Wade. Woe to this country when a rain coat will do the job. Woe to this country for the butchery. As I have said countless times, a convicted murderer has more rights to life than the innocent unborn. If I assault a pregnant female, kill both her, and of course the fetus dies, I could be charged with double murder. But if I use the 'pro-choice' stance I should have only one count of murder. Laziness, as said, nothing but pure laziness touted as a "right to privacy."
Jeremiah| 11.18.09 @ 3:39PM
I think it may be soon my patriotic duty to refuse health care entirely. If the only people allowed into the health care profession are pro-abortionists, it's time to opt out. Of course, Obama and his minions will be delighted at this, as I would be following his recommendation on my duty to die. Maybe I can find a former doctor who was forced out. Of course, accepting treatment from such a one, under Obamacare, would be a felony. My God, how did we get here and do we really have a chance of getting America, the home of the free, back?
When the judgment comes, how much good will it do for health care professionals to say, "I was only following orders."?
Margie| 11.18.09 @ 4:09PM
Louis & Jeremiah,
Reading your thoughtful posts made me think of where, in the Bible, God says tells His people that if they will not hear what He's saying to them, that He'll weep in secret for their pride. (Jer.13:17). Because He loved them so much.
When I think about the heart of God I know that He is Love. But I also know that His wrath is being stored up for the "sons of disobedience." (Eph. 5:6). Knowing these things is enough to keep the fear of God in me.
The only way people can do these things is because they don't believe they'll be held accountable, but fear not. They will be. It may not be in this lifetime, but this lifetime is but a breath. Eternity is never ending. And all of the unborn aborted babies are in Eternity with God because He says so. That's my only consolation.
In the meantime, we don't give up. We fight for the "good guys", or at least the best we have, and help get them elected, and let God take care of the rest.
cuban pete| 11.18.09 @ 4:50PM
" aborted babies are in Eternity with God...."
It is my only consolation also. Unlike we the living these unborn children along with mentally challenged people are incapable of offending God, hence they are with Him forever.
Thanks for posting this.
MarkJ| 11.18.09 @ 6:58PM
Meanwhile, in the Ninth Circle of Hell, Doctor Josef Mengele hoots, claps, and cheers on the AMA....
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Start Today on Your Home Mortgage Refinance Loan | Consolidation Finance Wisdom links to this page. Here’s an excerpt:
Tony in Central PA| 11.18.09 @ 8:51PM
Over the decades since Roe v. Wade, I became convinced that the only way abortion would end in this country would be if nobody wanted one and nobody wanted to provide one. The apparent aims of this legislation confirm my conviction.
boscokraft| 11.18.09 @ 8:52PM
The Camp guards at Aushwitz said they were just following orders. The Trials at Nuremberg firmly established that following orders is not an excuse. Healthcare providers have to say no when faced with this situation. I would dare someone to fire me over this issue.
Supra Skytop | 11.18.09 @ 10:57PM
Your website has very good infos. I learned very a lot from reading these.
Don L| 11.19.09 @ 6:41AM
"[I]f a person goes to medical school, they lose their right of conscience."
I often wondered how those same words looked in German....
Glad to see the real focus is not about "choice" but about man's fallen nature.
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Advice on Amalgam Filling Removal – Cosmetic Dentistry Guide Forums | Dental Care Bea links to this page. Here’s an excerpt:
Richard Baker| 11.19.09 @ 7:50AM
The cold heartedness required to force this issue is quite breathtaking. In these advocates, one can see the mentality which condoned the barbarism of the National Socialists. Do it or else.
Jack Neidlinger| 11.19.09 @ 11:19AM
Revolution is the only answer. The means? Well...you decide. One way or the other , these bastards in charge of our gov't. have to go.
zK| 11.22.09 @ 8:27AM
I wholeheartedly agree, but if it gets the slightest bit violent, we had better make damned sure we win, (hi there, FBI) or we'll be handing Obama the very dictatorship every lefty wants.
I don't think a thousand Lincolns can remove the stench of Obamas, Clintons, etc from the wh.. wh.. white house.
ups.. Almost said it.
The Congress and the SubPrime Court obviously believe that precedent = principle, so those are unsalvageable in this lifetime without starting from scratch.
Only revolution I see possible without crossing space where we once crossed oceans to get away from the control-freaks would be to declare independence.. again.. and take over all fed land, which they never had a right to posses in the 1st place.
Course we'd be taking it away from their 1st class citizens, the illegals with AK-47's and trip-mines growing pot and sponging free health care.
The One would definitely put up a fight to defend THEM while butchering the unborn.
A peaceful resignation should be possible in 2009 where the whole world IS watching.
Imagine the bee-line industry would make for "the new new world" if it was deloused of all involuntary taxes.
I actually think even Obama's precious China would have our backs. They want a market to sell to and to get their debt investment back.
Dasboot| 11.19.09 @ 1:26PM
These are Nazi tactics on the part of Obama and the abortion industry. In the late 1930's Hitler purged the medical establishment of non-party members and this led to the medicalization of the holocaust killings. Read the book: 'The Nazi Doctors' by Robert Jay Lifton. By stripping health care providers of their right to 'choose' not to participate in the destruction of human life, Obama is essentially doing the same thing. As usual, liberals are the true Nazis. Hey Barry, you know abortions kill more blacks each year than the top seven leading causes of death including homicide and HIV, right? But Im sure he knows that because he's such a 'student of history'.
Richard Baker| 11.19.09 @ 1:55PM
Das Boot:
Since blacks are aborted the most, as I've read, the Klan must be yelling, Sehr gut! In fact Margaret Sanger wanted such a holocaust among the Negroes, as they were called in her day. So the Kenyan supports the diminishment of his own community. Delicious irony, that.
Sivam Kisk| 11.19.09 @ 9:00PM
Well it's very enlightening to know that President Obama and the pro choice members of Congress are responsible for the decision of EACH and EVERY woman who every entered an abortion clinic. It's amazing to me that I never knew they had that type of power. Sarcasm aside. When will we ever begin to hold people responsible for their OWN personal decisions. The reason why abortion exists is because there is a demand for it. If a woman wants an abortion, she will get one whether it's legal or illegal.
Sivam Kisk| 11.19.09 @ 9:14PM
Oh, and by the way, America is not the beacon of hope for all mankind. Jesus Christ is. The hope of all mankind.
zK| 11.22.09 @ 7:27AM
Maybe starting again is exactly that. The Constitution utterly destroyed for lack of words having meaning at all, that leaves the collection of ancient principles from whence it sprang, most of which are probably Biblical. ie: the Bible is a description of life. Our relationship to it. Liberty IS life itself. Free will. Overriding purely dictated chemical reactions in the beginning, and living among these walking chemical reactions craving dictatorship. aka liberals who only mock life..
I for one don't need to hear ONE more atrocity from this vile government, devoid of most rudimentary principles. Although hearing about abortion should be required by every member of a society that engages in it.
Who can honestly, in good conscience pledge allegiance to this unconstitutional dictatorship where a republic once was?
We can't exclude anyone as "equals", but we can break off and start again. Just like before.
Tony in Central PA| 11.19.09 @ 10:34PM
When Obama said earlier this year that America is no longer a Christian nation, I actually agreed with him. No nation that considers itself Christian would ever have elected an individual with such extreme and radical convictions about abortion.
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