[Vision2020] Obama to Rescind Conscience Rule

Garrett Clevenger garrettmc at verizon.net
Wed Mar 4 11:49:59 PST 2009


Sandra writes:

"in order to maintain adequate standards of care, more employees would be required at all times to pick up the slack of those refusing to do all aspects of the jobs they were hired to do."


It makes sense that in order to serve patients with care they expect, if some care-givers refuse to help, others would need to step in. Isn't it the responsibility of the employer, though, to insure that it's employees do their job? If I'm starting to understand the conscience rule correctly, those employees would have job security even if they disobey their boss's orders. It is ironic that this essentially is government interference with a private enterprise in its ability to function as needed, considering it's the opposite of conservatives' normal stance of not regulating businesses.

Should a person expect to get an abortion from any health care provider, or are there select clinics where such procedures can be had? Who makes the call of whether a health care provider performs controversial procedures or not? I suppose it's the director of clinics who would decide if they perform them, not necessarily the doctors, nurses or other staff, and that some directors would choose to offer them, some would not.

Obviously you can't get an abortion at a dermatologist's office. Where, then, can one expect to have that done? If there are specific places, then obviously those procedures should be performed without hassle, and if staff there consciously object to helping with such a procedure, then they are not doing their job, and they should be let go. It's a private business, after all, and the free market should dictate its success in the long run.

But if staff in a place where its not part of their mission to perform abortions is expected to take part in one anyway but refuses and then is let go, that doesn't seem right, and they should have recourse for objecting based on moral reasons. Whether they need a conscience rule to ensure that right, I don't know.

Do pharmacies carry every available drug, or do they only have select drugs available? Are they obligated to sell any drug someone has a prescription for? If not, then I agree they should not be forced to carry drugs they don't want to sell. Whether they need a conscience rule to ensure that right, I don't know.

It does seem ridiculous that the rule applies to contraceptives.

The rule will only affect institutions that receive federal money. If they don't comply, the punishment is no more federal money. I suppose the thinking is that since tax-dollars are used, it could be construed that the feds endorse abortions, and hence are mandating clinics that receive fed money are required to ensure their employees do things they may not want to do, thus the conscience rule is a way to protect those employees religious rights from government intrusion.

The conscience rule could be a way for anti-choice foes to infiltrate clinics and stop abortions, which would make them activist health-care providers, essentially going against the duties of these providers to provide health care as needed.

Perhaps it would be best for employees to sign a waiver, acknowledging they understand abortions are performed at those clinics, and that they are willing to help as needed. Those that don't sign aren't hired.

In essence, it's possible that the conscience rule (I still haven't read it, shame on me, but at 127 pages its toooo long (another reason not to trust it!), see link below) is illegal if it essentially is a rule regarding the establishment of religion, ie, preventing businesses from firing people because of a special status given to employees who claim religious freedom. It's possibly a law establishing religion as a trump over a business's right to operate as needed, and to terminate employees who don't do their job.

Government does not need to pass laws to protect people's religious freedom. The Constitution already protects that, but it doesn't mean you are entitled to get paid for standing up for your religious beliefs.

Yes, I suppose I may be a flip-flip-flopper on this one...

Official text:

http://frwebgate4.access.gpo.gov/cgi-bin/PDFgate.cgi?WAISdocID=157701135748+2+2+0&WAISaction=retrieve

gclev



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