The Health Care and Conscience Debate

Abstract

Can a hospital require a nurse to assist in an abortion in violation of her religious beliefs? Can a pharmacy fire one of its pharmacists for conscientiously refusing to dispense the morning-after pill? During the Bush administration, the Department of Health and Human Services issued a regulation designed to protect health care workers’ right of conscience. But the Obama administration recently rescinded that regulation and issued a new one. This article first explains how the new regulation reduces protections for conscience; second, it rebuts the principal arguments against broad conscience protections; finally, it highlights where the next big fights over conscience will occur – in courts, state governments, the executive branch, and Congress.

Keywords: Health Care, Conscience, Religious Liberty, Religious Freedom, Conscientious Objection