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Media Commentary
January-March, 2002

 

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ADVISORY BOARD

Janet Ajzenstat, B.A.,M.A. Ph.d
Associate Professor,
Dept. of Political Science,
McMaster University,
Hamilton, Ontario, Canada

Dr. Shahid Athar, M.D.
Clinical Associate Professor
of Medicine & Endocrinology,
Indiana School of Medicine,
Indianapolis, Indiana, U.S.A
...

J. Budziszewski, Ph.d
Associate Professor
Departments of
Government & Philosophy,
University of Texas,
Austin, Texas, U.S.A.

Dr. John Fleming,
B.A., Th.L (Hons), Ph.d
Director, Southern Cross
Bioethics Institute,
Adelaide, Australia

Dr. Henk Jochemsen, Ph.D
Director, Lindeboom Institute,
Center for Medical Ethics
Amsterdam, Netherlands

David Novak,
AB, MHL, Ph.d
Chair of Jewish Studies,
University of Toronto,
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.

PROJECT TEAM
Sean Murphy
Administrator

Michael Markwick
Human Rights Specialist

 



24 February, 2002

The Editor,
New Brunswick/Saint John Telegraph Journal

Dear Sir/Madam:

Dr. Monica Brewer’s characterization of physician referral for morally controversial purposes as a "black and white" issue is the result of inadequate reflection.("MD’s Morals Restricting Birth Control Access," February 9, 2002) Her suggestion that doctors who object to the morning-after-pill and contraception "should pair with doctors to whom they can refer" is a suitable solution only for those whose objections are simply matters of professional judgement or personal preference.

For example: physicians who know that 94% of the women who are sold the morning-after-pill do not actually require it to prevent pregnancy (the numbers are provided by those who support its widespread use1 ) may be unwilling to prescribe it for that reason. However, they might well refer a patient who wants the drug to a doctor who will.

Similarly, some physicians believe that women’s health and social interests are better served by learning to recognize their natural fertility cycles, so that they need not be dependent upon physicians or drug companies to plan or avoid pregnancy. These physicians may not prescribe birth control pills for ‘ecological’ reasons, but probably wouldn’t object to referral.

Finally, an obstetrician who thinks that aborting Down syndrome infants is a good idea, but finds performing abortions a traumatic experience, would probably welcome the opportunity to refer a patient to another colleague.

The situation is quite different when physicians are asked to refer a patient for something to which they have grave moral objections. They believe that by referring patients they are themselves morally culpable for facilitating the wrong that is done. Strange? Not at all.

Consider Newsweek columnist Jonathan Alter’s suggestion that, since physical torture is "contrary to American values", the US should turn terrorist suspects who won’t talk over to "less squeamish allies."2 No one would seriously argue that this would relieve the US of moral complicity in torture.

Of course, moral complicity in abortion, contraception and the morning-after-pill are not issues for people like Dr. Morgantaler and his associate, Judy Burwell, who think these are good things, and that those who think differently are mistaken. But it is surprising that they view freedom of conscience as a problem to be solved by abolishing it, at least for those who don’t agree with them.

After all, Dr. Morgantaler justified his defiance of Canadian abortion law in a 1970 article titled, "A Physician and His Moral Conscience." 3

Sincerely,

Sean Murphy,
Administrator

Notes (provided for editorial verification)

1. "In 16 months of ECP services, pharmacists provided almost 12,000 ECP prescriptions, which is estimated to have prevented about 700 unintended pregnancies." Cooper, Janet, Brenda Osmond and Melanie Rantucci, "Emergency Contraceptive Pills- Questions and Answers". Canadian Pharmaceutical Journal, June 2000, Vol. 133, No. 5, at p. 28. See also Valpy, Michael, "The Long Morning After", Globe and Mail, 15 December, 2001)  [Back]

2. Alter, Jonathon, "Time to Think About Torture". Newsweek, 5 November, 2001, p. 45. [Back]

3. The article appeared anonymously in The Humanist. Quoted in Pelrine, Eleanor Wright, Morgantaler: The Doctor Who Couldn’t Turn Away. Canada: Gage Publishing, 1975, P. 79 [Back]

 


 

  SurgeonBW.gif (3470 bytes) Protection of
Conscience
Project

www.consciencelaws.org
 


ADVISORY BOARD

Janet Ajzenstat, B.A.,M.A. Ph.d
Associate Professor,
Dept. of Political Science,
McMaster University,
Hamilton, Ontario, Canada

Dr. Shahid Athar, M.D.
Clinical Associate Professor
of Medicine & Endocrinology,
Indiana School of Medicine,
Indianapolis, Indiana, U.S.A
...

J. Budziszewski, Ph.d
Associate Professor
Departments of
Government & Philosophy,
University of Texas,
Austin, Texas, U.S.A.

Dr. John Fleming,
B.A., Th.L (Hons), Ph.d
Director, Southern Cross
Bioethics Institute,
Adelaide, Australia

Dr. Henk Jochemsen, Ph.D
Director, Lindeboom Institute,
Center for Medical Ethics
Amsterdam, Netherlands

David Novak,
AB, MHL, Ph.d
Chair of Jewish Studies,
University of Toronto,
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.

PROJECT TEAM
Sean Murphy
Administrator

Michael Markwick
Human Rights Specialist

 



23 February, 2002

The Editor,
National Post,
300-1450 Don Mills Rd.
Don Mills, Ontario
Canada M3B 3R5

Dear Sir/Madam:

A doctor caring for patients in four Ontario cities may be driven from the profession, or from the country, because he refuses to practise medicine in accordance with the policies of Planned Parenthood ("MD under fire for denying birth control," National Post, 22 February, 2002). Welcome to the world of single-issue ethics.

Professor Laura Shanner asserts her personal belief that a physician "absolutely must" help patients obtain drugs or procedures to which the physician objects for reasons of conscience. But there is no self-evident reason why her morality should be imposed upon dissenting physicians under threat of professional excommunication. Nor do mantras like "standard of care" provide useful guidance when the morality of the ‘care’ itself is in issue. Dr. Morgantaler’s standard of care is, in some respects, markedly different from that of Physicians for Life. The standard of care in Oregon includes assisted suicide, and in the Netherlands, euthanasia.

On the other hand, John Hof is mistaken in his suggestion that conscientious objectors may refuse to prescribe contraceptives in order to meet the "spiritual needs" of their patients. People do not go to the doctor to satisfy their spiritual needs, and physicians should not assume the role of spiritual director.

Conscientious objection arises from concern about one’s own moral culpability, not that of others. It is a matter of personal integrity, not an attempt to control someone else’s behaviour. The unfortunate situation in Barrie may be the result of an infelicitous explanation that failed to make this clear.

Sincerely,

Sean Murphy,
Administrator


 

  SurgeonBW.gif (3470 bytes) Protection of
Conscience
Project

www.consciencelaws.org
 


ADVISORY BOARD

Janet Ajzenstat, B.A.,M.A. Ph.d
Associate Professor,
Dept. of Political Science,
McMaster University,
Hamilton, Ontario, Canada

Dr. Shahid Athar, M.D.
Clinical Associate Professor
of Medicine & Endocrinology,
Indiana School of Medicine,
Indianapolis, Indiana, U.S.A
...

J. Budziszewski, Ph.d
Associate Professor
Departments of
Government & Philosophy,
University of Texas,
Austin, Texas, U.S.A.

Dr. John Fleming,
B.A., Th.L (Hons), Ph.d
Director, Southern Cross
Bioethics Institute,
Adelaide, Australia

Dr. Henk Jochemsen, Ph.D
Director, Lindeboom Institute,
Center for Medical Ethics
Amsterdam, Netherlands

David Novak,
AB, MHL, Ph.d
Chair of Jewish Studies,
University of Toronto,
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.

PROJECT TEAM
Sean Murphy
Administrator

Michael Markwick
Human Rights Specialist

 



22 February, 2002

The Editor,
The Barrie Examiner

Dear Sir/Madam:

Continuing attempts to suppress the freedom of conscience of health care workers like Dr. Stephen Dawson ("Doctor’s Faith Under Scrutiny," The Barrie Examiner February 21, 2002) give the lie to the claim, oft repeated by Canadian politicians, that protection of conscience legislation is unnecessary. Perhaps their complacent attitude reflects the influence of rigid party discipline that only rarely permits them the ‘privilege’ of voting according to conscience.

Professor J.R. Brown of the University of Toronto appears to covet the role of party whip, ready to lash or to exile recalcitrant ‘scum’ like Dr. Dawson for daring to let their beliefs affect their public behaviour.

Yet Professor Brown’s private beliefs affected his public behaviour when he asserted that people like Dr. Dawson should "find another job." Will Professor Brown take his own advice? Or will he continue to speak, act and live in accordance with his own beliefs, even as he denies the same freedom to others who think differently - those whom he characterizes as ‘scum’?

Thoughtful readers will recognize that their relationships and their political and social activities are almost always governed, not by an analysis of empirical evidence, but by deeply held convictions about human dignity and equality, about good and evil, and other equally fundamental concepts. Some of these beliefs may be religious, others not, but all are beliefs. There is no reason, apart from anti-religious bigotry, to allow only atheists and agnostics the freedom to act on their beliefs in public life.

Sincerely,

Sean Murphy,
Administrator


 

Letter to the Editor
Telegraph Journal
New Brunswick, Canada

(Page A7,  February 14, 2002)



[Comments in the December, 2001, Bulletin of the College of Physicians and Surgeons came to media attention in February, 2002, generating pressure on conscientious objectors in New Brunswick.  Catholic Bishop J. Edward Troy responded to the news reports in this letter, reproduced with permission of the author.  - Administrator-]


The headline on the front page, "MDs' morals restricting birth control access" (Telegraph-Journal, Feb. 9) was eye-catching. Upon reading the piece, I learned the reporter was culling from the Bulletin of the College of Physicians and Surgeons of New Brunswick (CPSNB) in which it was recorded that at its meeting of Nov. 23, 2001, its council discussed the implications of the right of physicians not to participate in a treatment or process to which they morally object.

In other words, the Code of Ethics of the College quite properly permits physicians to practice their profession in accordance with their conscience. The discussion, as recorded in the bulletin, is repeated almost in its entirety in the Telegraph-Journal. It was particularly noted that some patients are not referred for an abortion or do not receive advice on contraception from their doctors. This is followed by comments (not contained in the bulletin) from one physician in Saint John who doesn't have the same moral qualms, and by some remarks from the administrator of the Morgentaler abortion facility in Fredericton.

There is an underlying indignation present in the article more suitable to an opinion piece than to a news report. The writer goes back to Nov. 23 for this information which is given headline treatment on Feb. 9, breathlessly zeroing in on the roughly eight per cent of the text in the college bulletin that considers the case of patients whose doctors refuse to counsel abortion or contraception because of their moral principles.

Nothing about the other important matters the council deliberated upon and which were reported in the pages of the same bulletin. Nothing about the patient who died from a heart attack after being refused treatment for heart disease. Nothing about the instances where allegations of malpractice were lodged against doctors for a variety of reasons that resulted in loss of life or serious illness. Nothing about the extremely difficult choices physicians are faced with every day and the honest efforts the vast majority of them make to serve their patients with integrity and skill, but also with fallibility and occasional failure.

No, the focus, in a somewhat negative and disapproving fashion, on the good news that physicians are acting conscientiously in their professional lives. Indeed I was impressed and heartened by all that I read in the bulletin precisely because it revealed the conscientious manner in which the council of the CPSNB monitors and guides its members.

I doubt very much the CPSNB would wish to change its code of ethics so as to require physicians to disregard their consciences, especially today when there are factions promoting euthanasia and physician-assisted suicide. While the code of ethics of the CPSNB does not allow the doctor to impose his moral views on the patient, it would be equally objectionable to insist that the patient be authorized to impose his or her moral outlook on the doctor. One hears of patients demanding a prescription for this or that drug; should the physician be obliged to comply? There is reference in the newspaper piece to the "morning after pill" that is not really a contraceptive but rather an abortifacient.

Pro-life doctors do not perform or cause abortions nor do they co-operate with others in procuring an abortion. They rightly consider that abortion is the taking of a human life at an early stage in its development.

In today's social and cultural climate, the opposition to contraception is not easily understood, let alone accepted. This is not surprising since the whole idea of any binding moral principles in the area of sexuality is widely rejected. According to the lax standards prevalent in our culture, no sexual behaviour is morally wrong - fornication, promiscuity, adultery, masturbation, homosexuality, bestiality, etc.

With the exception of child sexual abuse, the guiding rationale seems to be a light-hearted "different folks, different strokes!"

If a person adheres to this sexual libertinism, he or she is not likely to be persuaded by any amount of argumentation that artificial methods of contraception are wrong, nor will he or she be able or willing to grasp the distinction between them and natural family planning. He or she will not see that the warm embrace of contraception has led logically and historically to the widespread acceptance of abortion.

While the views of the administrator of the Morgentaler facility were completely predictable, she really demonstrates a lot of nerve in lecturing physicians about ethics. "I think it's very irresponsible of doctors not to be meeting patients' needs, regardless of their personal opinion or religious beliefs," she is quoted as saying. Now this judgment comes from someone who is managing a business devoted to the destruction of babies in the womb!

Talk about the moral high ground! Also, please observe the mentality revealed in this declaration. If the abortionists were in charge, they would require people to act against their conscience. These are the same folks that are always whining about pro-life people who, they say, wish to impose their morality on them. However, it's apparently all right for the pro-abortion people to impose their morality on the rest of us.

She is also reported complaining that "many" women who had been refused birth control pills by doctors were using other methods such as condoms and became pregnant. Was that a slip of the tongue? Doesn't she belong to the school that keeps insisting that condoms should be made available to teens and others so that they won't become pregnant or contract AIDS? What about all that propaganda about "safe sex?" It appears that she knows, as everyone should, that condoms do fail with the result that the woman becomes pregnant or the unaffected partner gets AIDS.

I salute physicians - no doubt the vast majority of practitioners - who refuse to ignore conscience and moral principle in the exercise of their calling. I honour physicians who do not derive their notions of what is right and wrong from popular magazines or from the superficial opinions of "celebrities" or from Hollywood script writers or from harangues by those who operate abortuaries.

Doctors have access to a long and solid tradition of medical ethics. It's encouraging to see that so many continue to draw on that wisdom in the practice of their profession and aren't easily swayed by the fog of moral indifference which covers so much of the world today.

J. EDWARD TROY
Bishop Emeritus of Saint John
Rothesay

[See Project letter on the same topic.]


 

  SurgeonBW.gif (3470 bytes) Protection of
Conscience
Project

www.consciencelaws.org
 


ADVISORY BOARD

Janet Ajzenstat, B.A.,M.A. Ph.d
Associate Professor,
Dept. of Political Science,
McMaster University,
Hamilton, Ontario, Canada

Dr. Shahid Athar, M.D.
Clinical Associate Professor
of Medicine & Endocrinology,
Indiana School of Medicine,
Indianapolis, Indiana, U.S.A
...

J. Budziszewski, Ph.d
Associate Professor
Departments of
Government & Philosophy,
University of Texas,
Austin, Texas, U.S.A.

Dr. John Fleming,
B.A., Th.L (Hons), Ph.d
Director, Southern Cross
Bioethics Institute,
Adelaide, Australia

Dr. Henk Jochemsen, Ph.D
Director, Lindeboom Institute,
Center for Medical Ethics
Amsterdam, Netherlands

David Novak,
AB, MHL, Ph.d
Chair of Jewish Studies,
University of Toronto,
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.

PROJECT TEAM
Sean Murphy
Administrator

Michael Markwick
Human Rights Specialist

 



16 February, 2002

The Editor,
BC Medical Journal
115-1665 W. Broadway
Vancouver, B.C. V6J 5A4

Dear Sir/Madam:

The cover of your January/February 2002 edition highlighting Dr. Roey M. Malleson’s article on ‘emergency contraception’ was unexpected: a brawny, half-naked, Aryan warrior, eyes glinting murderously from under his horned helmet, wielding a copper IUD, crouched to spring and slaughter.

I would like permission to post the cover on the Project website, and would appreciate it if you would send me seven copies of the issue. The cover is a splendid illustration of the usual basis for conscientious objection to potentially abortifacient devices and drugs, and the article provides an excellent example of moral obfuscation masquerading as science.

Dr. Malleson clearly believes, as a matter of faith (for it cannot be science), that it is not immoral to destroy an early human embryo by preventing implantation. However, the article fails to explain why this belief should be forced upon those who do not share it. The Journal of the Society of Obstetricians and Gynaecologists, cited to support Dr. Malleson’s threatening accusation of negligence, is not widely acknowledged to be an infallible authority on faith and morals, nor is Dr. Malleson.

Finally, astute readers will recognize that the law is more complex than suggested by the article. Freedom of conscience is recognized as a fundamental freedom that must be accommodated. It is imprudent and unhelpful to publicly incite civil actions against colleagues in order to secure their submission to the moral outlook so aptly expressed by your cover.

Sincerely,

Sean Murphy,
Administrator


 


 

Media Jan-March
Pg. 2
2001