Protection of Conscience Project
Proposed Legislation
United States (Federal Government)

HHS Secretary BLOG on
Freedom of Conscience

CMA News Release

CWA News Release

NSCCB News Release

Letter from Justin
Cardinal Rigali
to Members of U.S. Congress

Establishment Bioethics

The Illusion of Moral Neutrality
 

• the Conscience Clauses/Church Amendments prohibit entities that receive some grants, contracts, loans, or loan guarantees "from denying admission to, or otherwise discriminating against, “any applicant (including for internships and residencies) for training or study because of the applicant’s reluctance, or willingness, to counsel, suggest, recommend, assist, or in any way participate in the performance of abortions or sterilizations contrary to or consistent with the applicant’s religious beliefs or moral convictions;” 
• the Public Health Service Act  "prohibits the Federal government and any State or local government receiving federal financial assistance from discriminating against any health care entity on the basis that the entity refuses to: (1) receive training in abortion; (2) provide abortion training; (3) perform abortions; (4) provide referral for such abortions; or (5) provide referrals for abortion training."
• the Weldon Amendment denies federal funds to federal agencies or programmes or State or local government that discriminate against institutional or individual health care entities because they do not "provide, pay for, provide coverage of, or refer for abortions.”

On 21 August, 2008, the Department issued the final version of the draft regulation, Ensuring that Department of Health and Human Services Funds Do Not Support Coercive or Discriminatory Policies or Practices In Violation of Federal Law ,with a deadline of 25 September, 2008 for public comments.  The stated goals of the regulation are:

 (1) educate the public and health care providers on the obligations imposed, and protections afforded, by federal law;

(2) work with State and local governments and other recipients of funds from the Department to ensure compliance with the nondiscrimination requirements embodied in the Church Amendments, PHS Act § 245, and the Weldon Amendment;

(3) when such compliance efforts prove unsuccessful, enforce these nondiscrimination laws through the various Department mechanisms, to ensure that Department funds do not support morally coercive or discriminatory practices or policies in violation of federal law; and

(4) otherwise take an active role in promoting open communication within the healthcare industry, and between providers and patients, fostering a more inclusive, tolerant environment in the health care industry than may currently exist.”

The regulations make no judgement about the desirability of abortion or other controversial procedures, nor do they restrict or prohibit provision of such services by any private or government entity.  They are directed solely at preventing discrimination against individuals or health care entities that do not wish to facilitate procedures or services to which they object for reasons of conscience.

• Protection of Conscience Project Submission