Catholic Medical Quarterly Volume 64(3) August 2014
Practical Medical Ethics
No more Christian doctors.
Crusade Against NFP-only Physicians
Administrator Protection of Conscience Project
On the morning of 29 January, 2014, a 25 year old married woman went to Care-Medics Medical Centre in Ottawa, a walk-in clinic that she claims she had frequented for about two years. She wanted a prescription for birth control pills. After giving her health number to the receptionist, she sat down and waited until she was called. When she told the receptionist why she was there, she was advised that it was not possible to have the prescription filled. The young woman was surprised and asked why. The receptionist pointed to “a stack of letters” on the desk. The woman picked one up and began to read it.
Please be advised that because of reasons of my own medical judgment as well as professional ethical concerns and religious values, I only provide one form of birth control, Natural Family Planning. In addition, I do not refer for vasectomies, abortions, nor prescribe the morning after pill or any other artificial contraception. If you are interested in the latter, please be aware that you may approach your own family doctor or request to be seen by another physician.
In fact the requested pills were easily available from around the corner, but the story went “viral” creating a media storm and widespread vilification of the doctor for acting ethically. The abstract summary is printed below.
You can read the full story at Protection of Conscience Project www.consciencelaws.org
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 than 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.’ However, 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 instils 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.
Sean Murphy is Administrator Protection of Conscience Project.