Category: Ethics

Abortion Conscience Clauses

Marc D Stern

Columbia Journal of Law & Social Problems
Columbia Journal of Law & Social Problems

Extract
Despite the rulings in Roe and Doe, physicians, nurses, and denominational hospitals opposed to abortions have continued to refuse to perform them. They have argued that Roe and Doe, as judicial interpretations of the fourteenth amendment, do not apply to private activity, and that in any event the free exercise clause protects those who, for religious or moral reasons, object to abortion. These claims are not without difficulties. . . . Since Roe and Doe, Congress and many state legislatures have enacted laws to protect both institutions and individuals who refuse to participate in abortions for religious or moral reasons. These so-called “conscience clauses” limit the power of the courts to compel the performance of abortion where a refusal to participate is religiously or morally based. This article will explore the problems these statutes raise. The conclusion reached is that, for the most part, well-drafted conscience amendments are constitutional.

Stern MD. Abortion Conscience Clauses. Columbia J Law Soc Probl. 1975 Summer;11(4):571-627.

(Correspondence) Abortion (Amendment) Bill

MBH Wilson

British Medical Journal, BMJ
British Medical Journal

Extract
Every woman has indeed a right to compassion and medical care in unwanted pregnancy, and every fetus has a right to be considered. . .It is very difficult to believe that the enormous number of induced abortions since the Abortion Act became law has only replaced abortions which would have occurred anyway. . .When the Abortion Act was passed my voice was not heard speaking against it. This was because it appeared to put on paper the indications for termination which were already accepted by many gynaecologists who were never prosecuted. It seemed to me logical that the written law should correspond with the law as administered. It was with surprise that I observed the Act’s effects on my own patients. A number of pregnant women requested terminations when I knew that such a course would formerly have been against their principles. The Act had affected their consciences.

Wilson M. (Correspondence) Abortion (Amendment) Bill. Br Med J. 1975 Jul 12;3(5975):99.

(Points from Letters) Abortion (Amendment) Bill

GW Theobald

British Medical Journal, BMJ
British Medical Journal

Extract
It is fast becoming evident that no man or woman whose conscience prevents them from engaging in this practice can in future contemplate specializing in obstetrics and gynaecology, and this would apply to many practising Christians, not merely Roman Catholics, and presumably to orthodox Jews.

Theobald G. (Points from Letters) Abortion (Amendment) Bill. Br Med J. 1975;2(5971):620.

(Correspondence) Abortion (Amendment) Bill

Points from letters

CCS Slorach

British Medical Journal, BMJ
British Medical Journal

Extract
Did you choose deliberately to disregard the fact that in every case of proposed abortion two patients are involved, the mother and the child? The whole tenor of your article, backed up with suitable quotations from the Lane Report, seems to favour abortion on demand.

Slorach C. (Points from Letters) Abortion (Amendment) Bill. Br Med J. 1975 Jun 14;2(5971):620.

(Correspondence) Therapeutic abortion

Gerd Schneider

Canadian Medical Association Journal, CMAJ
Canadian Medical Association Journal

Extract
Most people who have chosen their ranks will probably remain loyal despite any argumentational artillery. So the war goes on!. . . There are conscientious and responsible people on both sides of the issue and their detailed arguments can be read elsewhere. I am not for abortion, but for preconceptive family planning. If the laws are liberalized there will be abuses; we are imperfect creatures. But because we are human and individuals with personally significant problems requiring solutions, we should be permitted to be treated as individual humans.

Schneider G. (Correspondence) Therapeutic abortion. Can Med Assoc J. 1975 May 03;112(9):1045.

(Correspondence) Therapeutic abortion

Wendell W Watters

Canadian Medical Association Journal, CMAJ
Canadian Medical Association Journal

Extract
I regret that my previous letter (Can Med Assoc J 111: 900, 1974) did not make clear the distinction between people whose individual value system would not allow them to participate in abortion themselves and people who would prevent anyone from participating in abortion. I sincerely hope we never have laws that prevent the former from following the dictates of their own conscience . . . he is entitled to call embryos anything he wishes. But those of us who call tadpoles “tadpoles” and not immature frogs, acorns “acorns” and not oak trees, prefer to call fetuses “fetuses”. . . With regard to Dr. Baunemann’s letter, the persistent attempt on the part of the self-styled pro-life people to force an association between the Nazis and the advocates of abortion Jaw repeal is wearing a bit thin. . . .History shows that antiabortion laws (phenomenologically, compulsory pregnancy laws) were always introduced to stimulate population growth; and such policies of demographic aggression usually preceded acts of other kinds of aggression. Hitler was a fervent crusader for compulsory pregnancy.

Watters WW. (Correspondence) Therapeutic abortion. Can Med Assoc J. 1975 Mar 08;112(5):558.

Abortion: an open letter (CMA President)

Bette Stephenson

Canadian Medical Association Journal, CMAJ
Canadian Medical Association Journal

Extract
The CMA is not in favour of “abortion on demand”; indeed we are very concerned with the very large and growing number of abortions being performed. . .Our primary aim is to improve family planning programs and, in every way possible, reduce unwanted pregnancies and the need for abortion. . . We believe there is a great need to clarify government policy regarding the abortion laws and for much more meaningful leadership from the federal and provincial governments and the medical profession of Canada to evolve an effective, comprehensive national family planning program. . . .Contrary to a frequent misinterpretation that the CMA is pro-abortion, the association, in fact, is much more strongly pro-prevention of the problem of unwanted pregnancy. If the news media had publicized that important portion of my presentation to the Empire Club regarding the need for effective educational and family planning programs as widely as it did that part related to the problems of abortion, you would have gained a much more accurate view of the policies of the association.

Keywords:

Stephenson B. Abortion: an open letter (CMA President). Can Med Assoc J. 1975;112(4):492. Available from:

(Correspondence) Unwanted pregnancy and abortion

CW Kok

Canadian Medical Association Journal, CMAJ
Canadian Medical Association Journal

Extract
. . . A common error made by physicians is that they assume a responsibility that is not theirs. When a healthy woman becomes pregnant it is her responsibility and it is certainly not the duty of the physician to terminate the pregnancy. . . . .

. . . If it is a depression one has to treat the depression, not the pregnancy. We are using the wrong diagnosis to escape from a difficult decision. To justify an abortion one must be sure that health will be permanently damaged, as in a patient with chronic nephritis or one at risk of heart failure. . . .

. . . .The lack of guiding principles has created a very disturbing situation. A most disturbing thought is that those who are unwanted can be disposed of. This happened to the Jews in Nazi Germany and it happens in all totalitarian states. . . .Throughout history, people were first dehumanized, not regarded as people, then used or killed. . .

. . . Physicians’ attention must be focused on preventing the occurrence of those situations in which abortion may be justifiable. . . The Oath of Hippocrates should serve as a means of drawing the members of the medical profession together irrespective of religious or philosophical differences. As it is now, we are the passive onlookers of a debate between fanatically rigid groups.

Kok C. (Correspondence) Unwanted pregnancy and abortion. Can Med Assoc J. 1975 Feb 22;112(4):419-420.

(Correspondence) Therapeutic abortion

PG Coffey

Canadian Medical Association Journal, CMAJ
Canadian Medical Association Journal

Extract
The country that liberalizes abortion creates an atmosphere that encourages abortion. . . Is abortion really no different than any other operation? The people who see no difference are the same people who see all the difference in the world between feticide and infanticide. . . .Dr. Watters refers derisively to the “pro-life” group as the “Canadian Crusaders for Compulsory Pregnancy. . . Is it so difficult to understand that in certain circumstances principles come before expedients? . . . Killing has always been one of the most tempting ways for man to achieve his immediate ends. The numerous complications that may result from abortion, especially the long-term ones, provide good medical reasons for encouraging a pregnancy to continue.

Coffey PG. (Correspondence) Therapeutic abortion. Can Med Assoc J. 1975 Feb 08;112(3):283.

(Correspondence) Therapeutic abortion

Heiko Baunemann

Canadian Medical Association Journal, CMAJ
Canadian Medical Association Journal

Extract
The history of the Nazi era reminds us of the tendency in man to abuse and enslave his brothers. . . Canadian doctors have performed approximately 150 000 abortions. They are acting freely and voluntarily. I do not believe that their actions can be defended by moral men. It is true that there are good men among them, men who are motivated by the highest ideals, but as a social group I view them as mass killers.

Baunemann H. (Correspondence) Therapeutic abortion. Can Med Assoc J. 1975;112(1):27.