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Pro-life medical groups appeal to higher court to protect their right of conscience
Alliance Defense Fund, San Francisco, California

 

  December 13, 2005, 4:50 PM (MST)

"The government shouldn't force pro-life medical professionals to participate in abortions against their conscience," said Casey Mattox, litigation counsel with the CLS Center for Law & Religious Freedom.

Attorneys with the Alliance Defense Fund and the Christian Legal Society filed a brief today with the U.S. Court of Appeals for the 9th Circuit to support their appeal of a lower court's decision that denied California healthcare professionals the opportunity to intervene in a case affecting their right to refuse to provide abortions and abortion referrals.

"The government shouldn't force pro-life medical professionals to participate in abortions against their conscience.  Unfortunately, that's exactly what the state of California wants to do by pursuing this lawsuit," said Casey Mattox, litigation counsel with the CLS Center for Law & Religious Freedom.

ADF and CLS filed the motion to intervene in June on behalf of members of the Christian Medical Association, the American Association of Pro-Life Obstetricians and Gynecologists, and the Fellowship of Christian Physicians Assistants in the case State of California v. United States of America.  The three groups are asking the court to allow them to enter the case as defendants in order to adequately protect their members' interests by defending the constitutionality of the Weldon Amendment.

Congress passed and President Bush signed into law the "Weldon Amendment" in December 2004.  The statute forbids state and local governments that receive federal funds from discriminating against healthcare providers because they refuse to perform or refer patients for abortions.

"The Weldon Amendment is a critical protection of healthcare professionals' rights of conscience, and we hope that the 9th Circuit will allow these same medical professionals to defend the statute against California's challenge," Mattox explained.

Bill Lockyer, the attorney general of California, filed suit against the U.S. government in January, claiming the Weldon Amendment is unconstitutional because it prevents the state from applying its own laws requiring healthcare professionals to provide abortions in some cases.  The case is pending in the U.S. District Court for the Northern District of California, San Francisco Division. 

Brief can be read at

Together, ADF, America's largest legal alliance, and CLS, America's premier membership organization of Christian legal professionals, defend religious liberty, human life, marriage, and the family.  

 

 

Pharmacist appeals Wisconsin Pharmacy Examining Board’s Final Disciplinary Decision

 

Related Links
Police Used to Intimidate
Objecting Pharmacist

Testimony of Pharmacist Noesen

Disciplinary Proceedings
Against Neil Noesen, RPH
Final Decision and Order

Neil Noesen v Department of
 Regulation and Licensing 
& Pharmacy Examining Board-
Appeal Brief

 

FOR IMMEDIATE RELEASE
4 November, 2005

Neil Noesen, the Wisconsin pharmacist disciplined earlier this year by the Wisconsin State Pharmacy Examining Board has filed an opposing brief November 1st in Barron County Circuit Court. 

The brief argues that Noesen fulfilled the standard of care in his fair disclosure to his employer and in his professional service to the patient’s health, safety, and well-being.  Furthermore, it is argued that Board’s standard of care is unconstitutional and that the Board made a critical omission of law in failing to prudently examine Wisconsin State Statute Chapter 941.

In July 2002, Noesen conscientiously objected to cooperate with the filling of an order for a patient to use Loestrin FE 1/20 as a contraceptive agent.  The Board admits that Loestrin FE 1/20 may decrease the likelihood of implantation.

Implantation is when an embryo bonds to the endometrium, the wall of the uterus.

 

Noesen states in this new brief that this decreased likelihood of implantation constitutes unlawful reckless endangerment of the safety of an unborn child, “under circumstances which show utter disregard for human life” according to Wisconsin Stat. § 941.30(1).

 

“The standard of care set forth by the Board is not in accordance with the timeless philosophy of our profession to care for the sick and the suffering.  As privileged servants to the health of the public we have a duty to defend the values that ennoble man.” Noesen states.

 

The State Attorney General’s office will have until December 1, 2005 to reply to Noesen’s appeal.

-30-

Contact: William Goodman
Phone: (715) 341-4034
 

 

Family Life Praises Doctor's Contraception Decision
Family Life International (New Zealand)
 

 

Related Links
New Zealand GP
gives up
contraceptive practice
Sunday 16th October, 2005

The bold and important decision of Dr Joseph Hassan to cease prescribing contraceptives to his patients is to be praised

Catholic pro-life and family organisation, Family Life International, commends the stand taken by Nelson GP, Dr Joseph Hassan, to stop prescribing contraceptives to his patients.

In July of this year the International Agency for Research on Cancer (IARC), a division of the World Health Organization (WHO), declared that they rate the combined estrogen-progestogen oral contraceptives as a Group 1 carcinogen.

A Group 1 rating is the highest classification of carcinogenicity, used only "when there is sufficient evidence of carcinogenicity in humans." (Emphasis theirs)

Combined estrogen-progestogen oral contraceptives are the most commonly prescribed forms of contraceptives. According to the IARC "worldwide, more than 100 million women - about 10% of all women of reproductive age - currently use combined hormonal contraceptives."

It has also been well documented that most oral contraceptives are abortifacient in nature, which means that they actually chemically abort a newly conceived child rather that preventing the conception of a child from occurring.

Dr Hassan is to be praised for his bold and important action, which shows true respect and holistic concern for the health and wellbeing of his female patients and a great respect for the sanctity of all human life.

Our hope is that other medical professionals will be encouraged by the example of Dr Hassan, and take a stand to cease promoting contraception to their patients as well.

 

 

 

Governor Vetoes Conscience Protection Act
Wisconsin Right to Life
 
Related Links
Wisconsin AB207

Their Choice vs. That Other Choice

Legal commentary

 

14 October, 2005

Placating Pro-Abortion Movement Trumps Protecting Conscience Rights

This afternoon, Governor James Doyle vetoed Assembly Bill 207 (The Conscience Protection Act) authored by Rep. Jean Hundertmark (R-Clintonville) and Sen. Carol Roessler (R-Oshkosh).

“The Governor has once again decided that it is more important to please his allies in the abortion industry than it is to protect health professionals and facilities from being forced to participate in activities that deliberately destroy human life,” said Susan Armacost, Legislative Director for Wisconsin Right to Life, the lead organization promoting AB 207.

AB 207 would protect the right of health care professionals, medical students, health care facilities and medical schools to not be forced to participate in activities that involve the deliberate destruction of human life. The legislation clearly outlines what those activities are – abortion, euthanasia, assisted suicide, the deliberate destruction of human embryos for research or other purposes, and the use of the body parts of aborted babies.

The legislation would not provide conscience protections for any other activities and the legislation does not prohibit those activities from taking place. Rather, it simply provides conscience protections for those particular health care facilities and facilities that have an objection to the deliberate destruction of human life in these particular ways. In no way would AB 207 prevent any health care professional or facility from engaging in the activities outlined in the bill if they wish to.

“It was an outrage that the governor characterized the legislation as giving the health care community the opportunity to ‘deny health care based on ideological beliefs,’ “ said Armacost. “The governor apparently believes that abortion, euthanasia, assisted suicide, the deliberate destruction of human embryos and the use of the body parts of aborted babies constitute health care. He is truly out of sync with the public on these issues.”

“It is clear that we need an individual as governor who respects human life,” said Armacost. “We will be back next session with this issue with renewed vigor to see that this measure becomes law.”

Susan Armacost, Legislative Director
Cell: 414-840-2097
 


 

 

 

SurgeonBW.gif (3470 bytes)

Protection of Conscience Project
www.consciencelaws.org

News Release

Related Links
Draft Code of Ethics

Yet More Pharmacists Who Don’t Understand Ethics:

Submission on
Model Code of Ethics for
 Canadian Pharmacists

Canadian Medical Association
Joint Statement on Preventing and Resolving Ethical Conflicts, I.16

Canadian Medical Association Position on Induced Abortion

Pharmacy Colleges Quash Conscientious Objection

Project Report 2001-01



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
Professor
Departments of
Government & Philosophy,
University of Texas,
Austin, Texas, U.S.A.

Dr. John Fleming,
B.A., Th.L (Hons), Ph.d
President, Campion College
Sydney, 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

 

17 September, 2005
For Immediate Release

A Narrow and Totalitarian View of Professional Practice

An “invitation only” focus group will meet in Windsor, Ontario, on 20 September to consider a proposal that includes a draft code of ethics for Ontario’s pharmacists. Its response may determine how far the Ontario College of Pharmacists (OCP) can go in suppressing freedom of conscience.

The draft code obliges pharmacists and technicians to respect human rights and avoid discrimination. But Principle 4 goes on: “No patient shall be deprived of pharmaceutical services because of the personal convictions or religious beliefs of a pharmacist or pharmacy technician.”

“This would authorize persecution of any pharmacist who refuses to dispense drugs for reasons of conscience,” says Sean Murphy, Administrator of the Protection of Conscience Project. “This is alarming, especially since professional and regulatory authorities have been markedly hostile to freedom of conscience in the profession.”

Reporting his discovery of the draft code, Iain Benson of Canada’s Centre for Cultural Renewal protested what he called the “narrow and frankly totalitarian view of professional practice” that prevails among pharmacists. He added that “this blunt and unfair kind of principle” would not be endorsed by the Canadian Medical Association.

Murphy points out that the CMA, the Canadian Health Association and the Canadian Nurses Association agree that health care providers should not be expected to act contrary to their conscientious convictions, nor should they be discriminated against for acting upon their beliefs.

Murphy is disturbed that the Ontario Health Professions Regulatory Advisory Council is seeking the endorsement of anonymous, invitation-only ‘focus groups’ to abrogate a fundamental freedom recognized by the Charter of Rights. He is also troubled that representatives of conscientious objectors were excluded from the process that produced the controversial draft.

“By the time they heard about the proposal, the deadline for submissions had already passed,” he said. “The Project has asked the HPRAC to extend the deadline. I am waiting for an answer.”

 

 

 

Nation's Most Comprehensive Medical Conscience Rights Legislation to Receive Public Hearing
Wisconsin Right to Life

 

Related Links
Wisconsin AB207

Their Choice vs. That Other Choice

Legal commentary

 

MILWAUKEE, Wisconsin, Sept. 14 /Christian Wire Service/ -- Tomorrow, Thursday, September 15, the Conscience Protection Act  (AB 207) will receive a public hearing before the Senate Health, Children, Families, Aging & Long Term Care Committee.  The legislation is authored by Rep. Jean Hundertmark (R-Clintonville) and Sen. Carol Roessler (R-Oshkosh). Assembly Bill 207 has already passed the Assembly.  "We look forward to swift State Senate action on this important legislation," said Susan Armacost, Legislative Director for Wisconsin Right to Life, the lead organization promoting the Conscience Protection Act.

Armacost said that a number of physicians, nurses, and medical students will be testifying in support of AB 207  at tomorrow's hearing.  The legislation would protect medical professionals, medical students, health care facilities and medical schools from being forced to participate in abortion, euthanasia, assisted suicide, the deliberate destruction of human embryos for research and the use of the body parts of aborted babies. 

The major opposition to AB 207 is coming from pro-abortion organizations who continue to make a number of false claims regarding the legislation.  The following is a memo sent to Committee members from Susan Armacost that addresses a number of the fabrications being circulated by Planned Parenthood and other pro-abortion organizations.  

Contact: Susan Armacost, Legislative Director, Wisconsin Right to Life, 414-778-5780 

 

 

 

CMA Doctors Fault ACOG Hypocrisy on Abortion "Choice"
Christian Medical Association (USA)

 

Related Links
American College of
 Obstetricians and
 Gynecologists Demands
 Compulsory Referral

Attack on freedom of
 conscience in US House of
 Representatives

Washington,DC, September 12, 2005—The 17,000-member Christian Medical Association (CMA) today highlighted the hypocrisy of The American College of Obstetricians and Gynecologists (ACOG) in pushing for legislation to force conscientiously opposed physicians into referring their patients for abortions.

CMA Executive Director Dr. David Stevens said, "For years now, ACOG has tried to promote abortion on demand as a matter of free choice. We've always known that abortion affords no choice or rights to a developing baby. Now we learn that ACOG would also strip choice and rights away from the very physicians it claims to represent. This is not only the height of hypocrisy; it is also a sure-fire way to lose more physician members who value their constitutional and professional rights of conscience."

In an Aug. 30 letter to U.S. senators from ACOG president Dr. Michael T. Mennuti, ACOG asserted, "Doctors who morally object to abortion should be required to refer patients to other physicians who will provide the appropriate care." In his letter, Mennuti advocated that the Abortion Non-Discrimination Act  , which Congress passed to protect the conscience rights of healthcare professionals and institutions, be changed to force physicians to refer patients for abortions.[See

Stevens noted, "If a physician is morally opposed to abortion, why would that same physician violate his or her conscience by referring a patient to an abortionist to end the baby's life? And what kind of nation would force its physicians to violate their consciences and their Hippocratic oath by mandating participation in abortions?"

CMA Associate Executive Director Dr. Gene Rudd, an obstetrician and gynecologist, observed, "For years, many of us who have belonged to ACOG have hoped to change the organization from within, hoping that reason and Hippocratic values would prevail over the organization's strident and inappropriate abortion advocacy. It has become clear that in the blind pursuit of abortion at any cost, the ACOG leadership is ready to sell out its own membership by advocating laws that remove the rights of physicians. With more and more physicians morally opposed to abortions, this move for mandates simply shows the desperation of abortion advocates to enforce their agenda by any and all means."

To schedule an interview, please contact Margie Shealy at (423) 844-1047 or by e-mail: margie.shealy@cmda.org. The Christian Medical Association is equipped with Ku Band Digital Uplink satellite and ISDN lines.

--30--
 

 

Manzullo: Pharmacists Shouldn’t Be Forced to Choose Between Their Business, Beliefs
 

Related Links
Hearing: Freedom of
 Conscience for Small
 Pharmacies
Monday, July 25, 2005
 

(WASHINGTON) House Small Business Committee Chairman Don Manzullo (R-IL) today said pharmacists in several states face fines and possibly the loss of their business if they refuse to dispense certain birth control drugs that are against their beliefs.

 

Manzullo, who held a full committee hearing on the issue today, said five states currently require pharmacists to dispense the morning-after pill even if they oppose it on moral or religious grounds. At least two bills have been introduced in Congress to carry the mandate throughout the nation, even though several other states have specifically given pharmacists the right to refuse to dispense medication if they oppose it on moral or religious grounds.

 

Failure to comply with the proposed federal legislation and the state mandates could cost pharmacists heavy fines and even revocation of their licenses.

 

“Pharmacists shouldn’t be forced to choose between their business and their beliefs,” Manzullo said.

 

Instead of creating rules to punish pharmacists and put their businesses at risk, the states should seek ways to diffuse the confrontation between pharmacists and their customers. Manzullo suggested creating a list of pharmacists who will fill certain prescriptions that doctors can share with their patients before they try to have their prescriptions filled.

 

“The confrontation could be avoided completely if a patient knew for sure that a certain pharmacist would fill his or her prescription,” Manzullo said.  

(END)

 

 

 

The Use of Physicians for Human Torture
Islamic Medical Association of North America, 6 July, 2005

 

 

Related Links  

The Islamic Medical Association of North America (www.imana.org) is opposed to the use of physicians for torture of inmates irrespective of their faith, race, gender, nationality or alleged crime. Thus IMANA recommends that its members and all Muslim physicians not participate in the delivery of inhumane treatment, lethal injection, non-surgical amputation or torture of inmates by any means when ordered by their employers, government or private agencies or on their own. When asked to do so, not only they should refuse to comply but also notify Human Rights organizations such as Physicians for Human Rights. 

Muslim physicians are reminded that they are to uphold the sanctity and dignity of human life and be instrument of God’s healing and compassion. They are further reminded that they will be held accountable to God for their actions in this life.

Shahid Athar, MD,FACP, FACE
Chair, Medical Ethics Committee,
Chair, Board of Regents.

Islamic Medical Association of North America
101 West 22nd Street, Suite 106
Lombard, IL 60148
630-932-2000, 630-932-2005(fax)

 

 

  Media Jan-June
2005
Jul-Dec
2004