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:: A constitutional law blog by Scalia/Thomas fan David M. Wagner, M.A., J.D., Research Fellow, National Legal Foundation, and Teacher, Veritas Preparatory Academy. Opinions expressed here are those of the author and do not reflect those of the NLF or Veritas. :: bloghome | E-mail me ::

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    :: Thursday, February 17, 2005 ::
    Well, not that choice

    Should religious hospitals and their staffs be forced to become complicit in acts that violate their consciences, including acts that would make them complicit in homicide via abortion?

    I'd say no, because (a) abortion is homicide, and (b), even if you reject (a), such compulsion would still violate the "choice" deal that people who accept (a) are supposedly being offered.

    The ABA, however, may soon say yes, only they will say it this way (it's all in the spin action):
    Recommendation 104, sponsored by the Individual Rights & Responsibilities Section and Health Law Section, opposed governmental actions and policies that they say interfere with patients' abilities to receive from their healthcare providers: (a) all of the relevant and medically accurate information necessary to fully informed healthcare decision-making; and (b) information with respect to their access to medically appropriate care.
    The above is quoted from the current edition of The Federalist Society's ABA Watch (scroll down to "Religious Hospitals").

    ABA president-elect Michael Greco says:
    The ABA cannot be a part of that type of censorship. The government has no place to interfere between patient and doctor with information. The ABA cannot condone it.
    The governmental role, it appears, consists of statutes that affirmatively recognize the right of medical personnel not to participate in abortion if they, um, choose not to. Such statutes are what the ABA may be about to oppose. (And btw, referring for abortion is a form of participating in it: go to any criminal law hornbook, look up "accomplice liability," and make the necessary connection to moral reality.)

    :: David M. Wagner 2:37 PM [+] ::

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