State health authority says arrangement preserves Catholic identity
St. Martha’s Regional Hospital in Antigonish, Nova Scotia, will begin providing euthanasia and assisted suicide (EAS). The hospital had refused to provide the services because they were considered to be contrary to the Catholic identity of the hospital. The change of policy appears to have been forced by the threat of a lawsuit by EAS advocates. A campaign to force the hospital to permit EAS services had been ongoing for some time [See 958 days without medical assistance in dying policy, Ban on assisted dying at St. Martha’s hospital should end, says law prof].
St. Martha’s was established by a Catholic religious order, the Sisters of St. Martha. However, in 1996 the order transferred ownership of the hospital to the state. The terms of the transfer were set out in a “Mission Assurance Agreement” that required the state to ensure that “the philosophy, mission and values of St. Martha’s Regional Hospital would remain the same and the hospital would keep its faith-based identity.”1
Notwithstanding the terms of the agreement, from 1996 the hospital was not legally a private or Catholic institution, even though it is popularly known as “Nova Scotia’s only Catholic hospital .”2 EAS advocates argued that state ownership of the hospital made it a state actor obliged to provide euthanasia and assisted suicide.1 Logically, this would also apply to abortion, surgical sterilizations, and other procedures contrary to Catholic teaching.
The Nova Scotia Health Authority states that the change of policy is consistent with “the spirit of the Mission Assurance Agreement,”3 which seems to imply that a way has been found for the hospital to “keep its [Catholic] faith-based identify” while providing euthanasia and assisted suicide.
1. Downie J, GilbertD. Nova Scotia now a leader in medical assistance in dying [Internet]. The Chronicle Herald. 2019 Sep 19.
2. Willick F. Ban on assisted dying at St. Martha’s hospital should end, says law prof [Internet]. CBC News. 2018 Dec 28.
3. Lord R, Quon A. NSHA quietly changes medically assisted dying policy at Catholic hospital [Internet]. Global News. 2019 Sep 18.
More Canadians eligible for assisted death: lawyer
The Chronicle Journal
VANCOUVER – The British Columbia Civil Liberties Association and a woman with a degenerative illness have adjourned their lawsuit challenging the federal assisted-dying law after they say government evidence expanded eligibility for the procedure.
The law says that only people who have a “reasonably foreseeable” natural death qualify, but a government expert has filed a report that states some doctors are now interpreting this category to include people who refuse care that would prolong their lives. . . . [Full text]
Los Angeles Times
Stating that California’s interest in fighting discrimination against LGBTQ residents outweighs the right to impose religious standards on healthcare, an appeals court has reinstated a lawsuit against the Catholic Dignity Health hospital chain for barring a hysterectomy for a transgender patient.
The lawsuit was brought by Evan Minton, whose hysterectomy was abruptly canceled by Dignity’s Mercy San Juan Medical Center of Carmichael, Calif., in 2016 when hospital officials learned he was transgender. The hospital took the action to comply with the church’s Ethical and Religious Directives for Catholic Health Care Services, which prohibit sterilization procedures except in very narrow circumstances. . . [Full text]
US Conference of Catholic Bishops
September 18, 2019
WASHINGTON, D.C. – Two new polls have revealed widespread discrimination against healthcare workers of faith, as well as broad public support for conscience rights laws and protections. The findings were released today by the United States Conference of Catholic Bishops (USCCB) Committees on Pro-Life Activities; Religious Liberty; Domestic and Social Development; and the Subcommittee for the Promotion and Defense of Marriage, as well as the Christian Medical & Dental Associations (CMDA), the largest faith-based association for healthcare professionals.
The findings come in the wake of enforcement actions taken by the U.S. Department of Health and Human Services (HHS) against the University of Vermont Medical Center, which is alleged to have coerced a nurse into participating in an abortion against her beliefs.
Archbishop Joseph F. Naumann, of Kansas City in Kansas and Chairman of the Committee on Pro-Life Activities; Bishop Robert J. McManus, of Worcester and Chairman of the Committee for Religious Liberty; Bishop Frank J. Dewane, of Venice, and Chairman of the Committee on Domestic Justice and Human Development, and Bishop James D. Conley, of Lincoln and Chairman of the Subcommittee for Promotion and Defense of Marriage offered the following statement on the findings:
“An overwhelming majority of Americans agree: no healthcare professional should be forced to violate deeply-held beliefs in order to keep a job. The practice of medicine depends on those courageous and generous enough to serve all people—especially the poor and marginalized—with the highest ethical standards. If we exclude people of faith from the medical profession, Americans will suffer, especially those most in need.”
For more information, click here: http://www.usccb.org/about/pro-life-activities/conscience-protection-teleconference.cfm
Christian Medical & Dental Associations
Washington, D.C., September 18, 2019 — The Christian Medical & Dental Associations (CMDA ), the nation’s largest faith-based association of health professionals, today released findings of a national survey showing that conscience-protecting laws and regulations help protect patient access to health care while addressing rampant discrimination against faith-based health professionals.
The survey, a nationwide poll of faith-based health professionals, conducted by Heart and Mind Strategies, LLC, found that 91 percent said they would have to “stop practicing medicine altogether than be forced to violate my conscience.” That finding holds significant implications for millions of patients, especially the poor and those in underserved regions who depend upon faith-based health facilities and professionals for their care.
The survey of faith-based health professionals also found that virtually all care for patients “regardless of sexual orientation, gender identification, or family makeup, with sensitivity and compassion, even when I cannot validate their choices.” The finding puts the lie to the charge that somehow conscience protections will result in whole classes of patients being denied care.
“Faith-based health professionals actually seek out and serve marginalized patients to provide compassionate care, ” explained CM D A CEO Emeritus Dr. David Stevens. “All we ask as we serve is that the government not intrude into the physician-patient relationship by dictating that we must do controversial procedures and prescriptions that counter our best medical judgment or religious beliefs .”
CM DA is currently represented by the Becket law firm in two related cases: Franciscan Alliance v. Azar , which addresses an Affordable Care Act transgender mandate, and New York v. HHS, which addresses a new federal conscience protection rule.
Detail on the poll of faith-based professionals can be found at CMDA-Poll and Freedom2Care.org
Midwife voices fear for conscientious objectors if NI legislation changes
Health workers in Northern Ireland could be left “exposed” by changes to abortion law, a lecturer in midwifery has claimed.
Debbie Duncan spent over 30 years working as a midwife in Scotland and England and now lectures at the school of nursing and midwifery at Queen’s University Belfast.
She was never obliged to take part in abortions during her career as the law allowed her to conscientiously object.
Ms Duncan said she fears “too much change with no regulation” means the same protections may not apply here. . . [Full text]
Medically-assisted dying became a discussion point on the second day of the 2019 federal election trail, as leaders reacted to a ruling by the Quebec Superior Court that part of the country’s law is “unconstitutional.”
On Wednesday, a Quebec judge ruled that both the province’s and country’s laws on assisted dying were too restrictive and therefore discriminated against some who sought the procedure. . . [Full text]
New York Times
LONDON — A court in the Netherlands on Wednesday acquitted a doctor who had been accused of unlawful euthanasia for administering a lethal injection to a patient with dementia, a case that raised questions about the clarity of the country’s law in such circumstances.
The patient, 74, who has not been publicly identified, had asked in writing for doctors to end her life if she had to be admitted to a nursing home, and if she thought the time was right. But, when she entered the home, incapacitated, she appeared to have changed her mind, giving “mixed signals,” about her intentions, prosecutors said. . . . [Full text]
A Quebec Superior Court judge has invalidated sections of both the federal and Quebec laws on medically assisted dying, ruling Wednesday they were too restrictive and therefore unconstitutional.
Justice Christine Baudouin found in favour of two Quebecers struck by incurable degenerative diseases who’d argued they were denied a medically assisted death under laws that are discriminatory. . . [Full text]
Just 13pc of GPs have signed up to provide abortion services and there are still two counties where there are no family doctors offering terminations.
The latest figures show that there are now 337 GPs around the country who have signed the contract to provide the service. . . [Full text]