A crusade was recently started in Ontario against a physician and two colleagues by crusaders who are arguing that in a 'secular' state health care system, physicians should be forbidden to act on their moral or religious beliefs.
A 25 year old woman could not obtain a prescription for contraceptives at a clinic because the physician did not prescribe them for reasons of "medical judgment as well as professional ethical concerns and religious values." She obtained the prescription at a clinic two minutes away. A crusade was started against the physician and two colleagues with the same views. Crusaders argued that in a 'secular' state health care system, physicians should be forbidden to act on their moral or religious beliefs.
Physicians who refuse to prescribe contraceptives face a difficult challenge, since aggressive contraceptive promotion has left most people unaware of alternatives. Further, the social progress of women is widely attributed to contraceptives, so that failure to provide them risks an adverse reaction. Nonetheless, based on a respectful understanding of female fertility cycles and other factors, plausible reasons can be given to justify refusal to prescribe contraceptives and recommendation of Natural Family Planning.
The Supreme Court of Canada has acknowledged that secularists are believers, no less persons with religious beliefs. There is no legal warrant for the idea that a secular state must be purged of the expression of religious belief. The claim that a secular state or health care system is "faith-free" is radically false. Both religious belief and secularism can result in narrow dogmatism and intolerance, as demonstrated by the crusade against the physicians.
Since the practice of medicine is an inescapably moral enterprise, every decision concerning treatment is a moral decision. Since the practice of morality is a human enterprise, the secular public square is populated by people with many moral viewpoints. To discriminate against religious belief is a distortion of liberal principles. Moreover, if religious believers can be forced to do what they believe to be wrong, so can non-religious believers. This would establish a destructive and dangerous 'duty to do what is wrong.'
It is essential to maintain the integrity of physicians and well-being of patients. After abortion was legalized, a difficult compromise emerged that safeguards both, while protecting the community against a purported 'duty to do what is wrong.' Nonetheless, some people are trying to entrench that duty in medical practice, moving from a purported duty to provide or facilitate abortion to a duty to kill or facilitate the killing of patients by euthanasia. It is unacceptable to compel people to commit or even to facilitate what they see as murder, and punish or penalize them if they refuse. It is equally unacceptable to insist that physicians must not act upon beliefs, because it is impossible; one cannot act morally without reference to beliefs. Such policies are inconsistent with the central place occupied by individual conscience and judgment in a liberal democracy.
Freedom of conscience can be adequately accommodated in a society characterized by a plurality of moral and political viewpoints if appropriate distinctions are made. The first of these is the distinction between the exercise of perfective freedom of conscience: pursuing an apparent good — and preservative freedom of conscience: refusing to participate in wrongdoing. The state can sometimes legitimately limit perfective freedom of conscience by preventing people from doing what they believe to be good, but it does not follow that it is equally free to suppress preservative freedom of conscience by forcing them to do what they believe to be wrong.
To force people to do something they believe to be wrong is always an assault on their personal dignity and essential humanity, and it always has negative implications for society. It is a policy fundamentally opposed to civic friendship, which grounds and sustains political community and provides the strongest motive for justice. It is inconsistent with the best traditions and aspirations of liberal democracy, since it instills attitudes more suited to totalitarian regimes than to the demands of responsible freedom. Even the strict approach taken to limiting other fundamental rights and freedoms is not sufficiently refined to be safely applied to limit freedom of conscience in its preservative form. Like the use of potentially deadly force, if the restriction of preservative freedom of conscience can be justified at all, it will only be as a last resort and only in the most exceptional circumstances.
That a young woman had to drive around the block to fill a birth control prescription does not meet this standard.
for the background to this story go here:
CMA Policy History
Sean Murphy. "Does having a conscience make a doctor unprofessional?" The Protection of Conscience Project (February 25, 2014).
Reprinted with permission from the author and The Protection of Conscience Project.
The Protection of Conscience Project supports health care workers who want to provide the best care for their patients without violating their own personal and professsional integrity.
Sean Murphy is a Catholic layman. He has made a special study of the documents of the Second Vatican Council and Catholic teaching on sexuality and marriage. His paper on the nuptial meaning of the Eucharist was among three chosen for presentation at the 1993 conference of the Canadian Fellowship of Catholic Scholars, and later published in the conference proceedings. His articles have appeared in Catholic periodicals, including the BC Catholic, Catholic Insight magazine and the Journal of the Fellowship of Catholic Scholars (Canada). Others are posted on the Internet at the Catholic Education Resource Center, Catholic Exchange and the Catholic Civil Rights League website. His comments and responses to attacks on religious freedom and Catholic teaching have appeared in the media, including some BC community papers, the Vancouver Sun, The Province, Xtra West, the Ottawa Citizen, Halifax Daily News, the BC Catholic, and Christian Week. Mr. Murphy retired from the Royal Canadian Mounted Police in 2009 after almost 35 years' police service. While not a specialist in sexual assault, during the course of his service he was responsible for the investigation of current and historical sex crimes against children and adults (including false allegations), leading, in one case, to the conviction of a Catholic priest. This article should not be understood to represent the views of the RCMP or its members.Copyright © 2014 The Protection of Conscience Project
back to top