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(Correspondence) The Morgentaler case

George Carruthers

Canadian Medical Association Journal, CMAJ — Canadian Medical Association Journal

Extract
Why should an unreasonable jury have the unchecked power to make decisions against the law and the evidence? In my view the court’s power to order a new trial may be inadequate to control a perverse jury. Would justice be served by the unchecked power of juries in Eire refusing to convict IRA murderers, or of all-white juries in the southern United States refusing to convict whites of murdering blacks, or of juries in Sicily regularly discharging members of the Mafia? . . . Morgentaler, I believe, has been justly imprisoned.

Carruthers G. (Correspondence) The Morgentaler case. Can Med Assoc J. 1975 Nov 08;113(9):818.

(Correspondence) The Morgentaler case

Peter N Coles

Extract
I believe that the statement authorized by the Board of Directors after the meeting of General Council regarding our colleague Dr. Henry Morgentaler shows professional bias and unclear thinking tempered with extreme conservatism. . . .The fact that anyone, for whatever charge, can be acquitted twice by a jury and still be in jail is hard to comprehend. The fact that the appeal courts overturned the jury’s verdict and passed sentence without ordering a new trial is a threat to everyone’s liberty.

Coles PN. (Correspondence) The Morgentaler case. Can Med Assoc J. 1975 Aug 09;113(3):181.

(Points from Letters) Abortion (Amendment) Bill

JB Clarke

British Medical Journal, BMJ — British Medical Journal

Extract
Medical ethics are the collective conscience of the profession. It is axiomatic of a profession that its ethical standards are decided by its members. A profession sets a standard of conduct for its members and the essence of professional freedom for a doctor is his right to act in professional matters uninfluenced by any consideration other than the judgement of his fellows.

Clarke J. (Points from Letters) Abortion (Amendment) Bill. Br Med J. 1975 Aug 09;3(5979):373.

(Correspondence) Abortion and Promiscuity

RG Wilkins

Extract
To refuse to terminate a pregnancy on a matter of conscience is both legally and ethically acceptable, as is a refusal in the absence of the requisite medical, psychiatric, and social indications. But to refuse a termination because the continuation of the pregnancy is held to be a valid means of managing a behavioural disorder, “promiscuity,” is a more questionable matter. In such circumstances the continuation of the pregnancy becomes a therapeutic procedure for which valid consent must surely be obtained.

Keywords:

Wilkins R. (Correspondence) Abortion and Promiscuity. Br Med J. 1975 Jul 26;3(5977):233.

Abortion Conscience Clauses

Marc D Stern

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

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.

(Correspondence) Abortion (Amendment) Bill

GS Banwell

Extract
In the part of the home counties in which I practise as a consultant gynaecologist abortion in early pregnancy is in fact available on request, contrary to the intentions of Parliament. . .Since it can (be shown statistically that in terms of the risk of death termination in early pregnancy for a healthy woman is a lesser risk than that of bearing a child, the legal case for abortion on request was established. . . Doctors who decline to abort a woman in early pregnancy and who do not plead conscientious objection are liable to criminal prosecution under the current Act . . .The Abortion (Amendment) Bill merely seeks to reword the code using phrases such as, “grave” or “serious” risk. Rather than constitute a threat to professional freedom, it would release doctors from the duplicity inherent in the present badly worded Act.

Banwell G. (Correspondence) Abortion (Amendment) Bill. Br Med J. 1975;3(5975):99.

(Points from Letters) Abortion (Amendment) Bill

GW Theobald

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

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.

Climate warm at BCMA annual meeting

JSB

Extract
The annual report of the section of obstetrics and gynecology engendered some highly emotional debate on abortion in spite of the attempts of the chairman, Dr. W. J. Jory, to keep diatribes, charges and accusations to a minimum. Little new was added to forming a solution to the problem.

JSB. Climate warm at BCMA annual meeting. Can Med Assoc J. 1975 Jun 07;112(11):1339. Available from: