Conscience Clause Expansion?

by: Natasha Chart

Thu Oct 01, 2009 at 07:00


"Throughout my career, I've been a consistent and strong supporter of reproductive justice, and have consistently had a 100% pro-choice rating with Planned Parenthood and NARAL Pro-Choice America. ...

"But we also know that Roe v. Wade is about more than a woman's right to choose; it's about equality. ..."

- Barack Obama, on the 35th anniversary of Roe v. Wade, January 2008

From the Senate Finance Committee's discussion of two rejected anti-abortion amendments yesterday, I gathered from counsel's comments that the chairman's mark maintains the current conscience clause exemption to abortion procedures by federally funded health care providers. It further extends the conscience clause exemption to private health plans, which also won't now be allowed to discriminate against persons, providers or facilities for either a willingness or unwillingness to provide abortion. The "willingness" part was meant to provide balance.

Some recent background: There was much rejoicing earlier in the year that Obama repealed a Bush conscience clause rule that extended the same protected refusal rights designated for abortion services to, well, all kinds of things:

... Under the rule, workers in health-care settings -- from doctors to janitors -- can refuse to provide services, information or advice to patients on subjects such as contraception, family planning, blood transfusions and even vaccine counseling if they are morally against it. ...

Obama thought this was overbroad and rescinded it, but promised worryingly that he was a staunch supporter of "robust" conscience clauses and that health care professionals who would prefer not to do jobs they were hired for could safely express their bigotry towards women.

Allegedly, this is in the interests of the faith community. As if religious people are all the same.

The House Tri-Committee bill doesn't contain a conscience clause, but as noted, the Senate wants to extend it broadly to private insurers. When the Senate and House bills go to conference, there'll be a bill that doesn't allow health care providers to discriminate against women, and one that does.

In the middle will be President Obama, currently drafting his own take on a health care bill, who doesn't mind hiring HHS personnel who oppose even contraception. It'll be all Democrats negotiating with themselves.

There won't be any Republicans to blame if a broadening of this odious law makes it into the final bill, and it would be obvious that it made it there with the president's consent. Yet without consistent access to reproductive health services, a theoretical right to an abortion is without remedy and Democrats' talk of gender equality so much hot air. Guess I'll find out soon enough.

Natasha Chart :: Conscience Clause Expansion?

Tags: , (All Tags)
Print Friendly View Send As Email
Who can we get to run against Obama in the 2012 primaries? (0.00 / 0)
Assuming he lasts that long (I can safely guarantee impeachment proceedings to oust him when the GOP retakes the House next year), who from the left can we get to run against Obama in 2012?  Alan Grayson seems to be making headlines on the side of the public lately.  Might he be shaping up for a run in the future?



No one (0.00 / 0)
That's just not going to happen, imo. If we're going to keep the presidency through 2016, this is the horse we've got. It'd be career suicide to go against him and I don't know of many politicians who are occupationally suicidal.

[ Parent ]
We're not gonna "keep" what we didn't have to begin with. (0.00 / 0)
We don't have control of the White House; the corporations do, and they're not letting go.  Obama isn't holding onto it either, in case you haven't noticed, whether we waste our time, energy, and money on him or not.  It's career suicide for millions of Americans whose jobs are not secure because of corporate policies Obama supports and enables.  It's career suicide to stick with a political organization that not only refuses to defend its base, but actively campaigns against it.



[ Parent ]
Apparently (0.00 / 0)
You go to campaign with the President you have, not the President you wish you had.

To parapharse a war criminal.

"It sounds wrong...
     ...but its right."


[ Parent ]
Donald Rumsfeld (4.00 / 2)
A vile human being, but very, very quotable. My linguistic experience is all the richer for turns of phrase like, 'weapons of mass destruction-related program activities.' That was beautiful, man.

I'm not implying it's worth all the trouble he caused, but hey, look, lemons ...


[ Parent ]
I'm partial to his detailing the concept of (4.00 / 1)
Known versus Unknown Unknowables and Known versus Unknown Knowables.

Classic.


"It sounds wrong...
     ...but its right."


[ Parent ]
Quotables (0.00 / 0)
More from the most quotable neo-con.

Just for fun.


"It sounds wrong...
     ...but its right."


[ Parent ]
Tell that to Ted Kennedy's corpse. (0.00 / 0)
He ran against Jimmy Carter in 1980 for the Democratic Party nomination, which in retrospect probably helped throw the election to Reagan, but it needed to be done.



[ Parent ]
Read between the lines (4.00 / 1)
I'm quoting a neo-con icon in response to the notion that a primary challenge to a sitting President should be discouraged. And let's not forget I'm a rather cynical person.

"It sounds wrong...
     ...but its right."


[ Parent ]
"Career suicide"...like Ted Kennedy's in 1980? (4.00 / 2)


[ Parent ]
Kennedy quite clearly had the luxury of the Kennedy name. (0.00 / 0)
Are you suggesting we recruit another Kennedy, because otherwise there's really nothing comparable.

[ Parent ]
I'm suggesting a challenge from the left. (0.00 / 0)
Period. If no Dems are willing, then outside the DP.

[ Parent ]
Sadly... (4.00 / 3)
Sadly...
Progressives have done the opposite of giving themselves leverage on issues like this.

Most are reticent to criticize Obama or "make him do it," and most are content amusing themselves with the foibles of the rump Republican Party (Look, over there -- Sarah Palin! How about that Joe Wilson!)

I'm impressed with the organizing acumen of the "public option" gang, but its choice of agenda and its position toward more-progressive advocates are, IMHO, extremely problematical. It is advocacy for a compromised and intrinsically compromisable position -- and there seems no way to question or fine-tune such an agenda, except by fiat of high-status bloggers and activists.

So, we have a progressive community that operates primarily on two speeds:

* Blindly love Obama and rationalize everything he does as 11-dimensional chess
* Uncritically take marching orders from a consensus of A-list blogs, MoveOn, etc. (I say uncritically, because there seems to be no vehicle or appetite in those circles for open debate on agendas and course-corrections)

Given Obama's flagrant disregard for liberals and their concerns, it's fairly shocking how quiet a drumbeat exists of dissatisfaction and pressure from the left (a handful of persona non grata C-list blogs, and the occasional sigh from more-respectable types).

In such a climate, those who need and seek progressive policy -- anyone who hungers for reproductive rights, separation of church and state, economic justice and so forth -- better hope for change, because hope looks like all we've got.  


So let's CHANGE that. (0.00 / 0)
If no progressive Democrat will challenge Obama in 2012, assuming he lasts that long in office, then we need to find a solid independent to run against him.  We have to remove our support of him so that he gets the message: "You need us, but we don't need you."  Otherwise, there is no incentive for Obama or the other right-wing Democrats to do anything but move even farther to the political right.

Hope is for people who've given up control over their lives.  I don't want to hope.  I want to do something.



[ Parent ]
There's that word, "robust" (0.00 / 0)
I guess we'll find out "soon enough" if a "robust public option" is as "robust" as a "robust conscience clause." I'm guessing no.

I am in earnest -- I will not equivocate -- I will not excuse -- I will not retreat a single inch -- AND I WILL BE HEARD.  

Janus-faced? (4.00 / 3)
While I am not on board with primarying Pres. Obama (at least not yet), his apparent willingness to consider acquiescing to the anti-choice fundamentalists on this issue is another example of saying one thing and doing another.  The quote from the RvW anniversary is pretty strong, especially his observation that choice is much more than a medical issue (though that is enough of a reason to support choice).  It is clearly about controlling women and shoring up patriarchy brick by brick.  I cannot understand how one could review the acts and statements of the anti-choice mob without reaching this conclusion.

There is simply no good reason to include these conscience provisions.  If things need to be given away to reach passage it should not be agreeing to make it more difficult for women to control their own bodies.

This conscience stuff is just garbage.  Here's my logic.

*By established precedent and simple moral calculus, control of one's body is a fundamental right.

*In only extremely rare cases should outsiders, especially the government, intrude on medical decision-making by free persons unless we are talking about fraudulent or dangerous medical practices.  That's not true with abortion services.

*Without these provisions providers can protect their conscience by opting out of federal payment programs.  No one compels these tender souls to accept government payment and if they do they should not be allowed to discriminate in the delivery of medical services.  This is a general principle: Take federal money, you should not be able to deny blacks, Indians, people from the wrong side of the tracks, women, anybody, the services they seek and which are medically proven and legal.

*"Non-profit" hospitals should not be permitted to deny these medical services either.  In my hometown more than 80% of all hospital visits I am sure were to one huge medical complex/hospital (there was another smaller one across the river in the neighboring town).  The one in my town, Sacred Heart, now Peace Health, is part of a chain of hardcore Catholic hospitals.  In addition to receiving millions in payments from federal agencies and the State of Oregon every year, they also were effectively exempted from taxation as a religious "non-profit".  What is more, they turned to the city and taxpayers for special allowances when seeking to expand their facility.  All this they get despite their refusal to provide reproductive medical services or even advice about contraceptives.

On many policy and moral grounds I find the death penalty abhorrent. Can I opt out my paying state taxes by appealing to my conscience (don't now live in a DP state, but the point stands).  I am pretty nearly universally opposed on moral grounds to American military spending and foreign policy.  Can I exercise my conscience clause to avoid paying my taxes?  At 18 I faced selective service (hell no, I won't fight in your wars).  But as an atheist, there was really no effective possible conscience exemption.  So I go through years and years and years of schooling denied federal education assistance. Why is compelling me to register more important than delivering medical services?  Why in the one case is there no conscience exemption but in the other there should be?  From the very first day in grade school I refused to recite the pledge of allegiance.  Some GOPers want to take that right away from me.  No concern for conscience exemptions here.  

The fundies often drone on about the dangers of situational ethics.  Seems to me they are its strongest proponents.


Not just a "general principle" (4.00 / 1)
When I accept funding from the Federal government (through the National Institutes of Health, or the Department of Veterans Affairs) I must sign a statement declaring that I will not discriminate on the bases of race, gender, creed, or whtever else you care to mention. If I refuse to sign, I won't get the $.

Its not just a "principle", for some of us, its a rule. As it should be.

"It sounds wrong...
     ...but its right."


[ Parent ]
Control of one's own body (4.00 / 3)
is a male prerogative.

And that's the real problem here, the question of whether or not women are free and full citizens, or if powerful institutions (whether government, church or medical industry) have the right to commandeer our bodies for their own purposes.

Normal Americans say yes, but the extremist fringe says no, and that is who Obama is choosing to side with.

Montani semper liberi


[ Parent ]
Few things make me want to leave the party (4.00 / 1)
as quickly as this kind of blatant disregard for half the entire population.  And all our individual liberty.

That said, I don't expect to leave the party as long as the progressive wing is making headway... and we are. But I don't expect I will vote for a D president beyond a primary, if then, perhaps ever again.

If the D party won't give me someone to vote for.. then I will vote left of them.. even if the third party candidate is so so.

Thank goodness and my own common sense I did not vote for Obama.

The left simply must have an extreme wing and be willing to apply it... call it Green or Socialist and be willing to vote that way. There seems to be little evidence of moving the overton window by remaining reasonable or comfortable all the time... certainly not quickly enough. And our Senate and President are entirely too conservative on all fronts to be comfortable right now.

This damn healthcare debate should not be this hard on the inside of the D party. We should be talking about how extensive our national dental and optical plans will be in two years by now. Yet here we are losing ground within the D party on women's rights while we give half a trillion for starters to private insurance!

At some damn point we need a Dem party which slams on the brakes and finds reverse instead of just taking their foot off the accelerator.

Look at the elections during FDR... the main reason he moved to the left enough to accomplish new deal etc... was because the American electorate actually cast a few million votes for the socialists. That's what "made FDR do it".

We must do something similar... for the good of the country and the D party, if they are willing to listen at all.


Donate to Open Left









QUICK HITS

Friends of the Earth thanks the OpenLeft community for the ideas you generate and your contributions to the progressive movement.


blog advertising is good for you
blog advertising is good for you
SEARCH

   

Advanced Search