1. Principled Conscientious Provision: Referral Symmetry and Its Implications for Protecting Secular Conscience.
- Author
-
Brummett AL, Hafen T, and Navin MC
- Subjects
- Humans, Religion and Medicine, Conscientious Refusal to Treat ethics, Conscientious Refusal to Treat legislation & jurisprudence, Refusal to Treat ethics, Refusal to Treat legislation & jurisprudence, Hospitals, Religious ethics, Hospitals, Religious legislation & jurisprudence, United States, Catholicism, Conscience, Referral and Consultation ethics
- Abstract
"Conscientious provision" refers to situations in which clinicians wish to provide legal and professionally accepted treatments prohibited within their (usually Catholic) health care institutions. It mirrors "conscientious objection," which refers to situations in which clinicians refuse to provide legal and professionally accepted treatments offered within their (usually secular) health care institutions. Conscientious provision is not protected by law, but conscientious objection is. In practice, this asymmetry privileges conservative religious or moral values (usually associated with objection) over secular moral values (usually associated with provision). In this article, we first argue for a legal right to one kind of conscientious provision: referral for procedures prohibited at Catholic hospitals. We then argue that a premise in that argument-the principle of comparably trivial institutional burdens-justifies legal protections for some additional forms of conscientious provision that include, for example, writing prescriptions for contraception or medical abortions. However, this principle cannot justify legal protections for other forms of conscientious provision, for instance, the right to perform surgical abortions or gender-affirming hysterectomies at Catholic hospitals., (© 2024 The Hastings Center.)
- Published
- 2024
- Full Text
- View/download PDF