The Trump administration is working on a new rule that places religious and moral convictions ahead of access to health care.
The Department of Health and Human Services (HHS) announced it is close to finalizing a conscience protection rule that would allow people to discriminate in health-care declaring that health-care providers would be able to refuse to provide treatment, referrals, or assistance with procedures if these activities would violate their stated religious or moral convictions.
“Health-care professionals” is not defined and could conceivably include everyone from receptionists refusing to book appointments to scrub nurses refusing to assist with emergency surgery.
This could be especially dangerous for GLBT people who have fought hard to establish legal protections to end this practice as exercised in the past. Gay people have died because of refused medical treatment including being denied an ambulance to a hospital, emergency procedures by EMTS, and just languishing in sick beds with the minimal care even when those sick beds were in hospitals.
HHS already allows discrimination based on religious and moral conviction for businesses and organizations such as churches which may refuse to pay for insurance coverage that includes birth control or abortion services if it goes against their beliefs.
The agency also had already proposed a rule that would create a significant administrative burden for insurance companies that include abortion in their policies which effectively incentivizes them to drop that coverage.
This latest regulation would ensure that persons or entities are not subjected to certain practices or policies that violate conscience, coerce, or discriminate.
A doctor might, for example, refuse to give a pregnant patient information about an obstetrician if the doctor suspects the patient might request an “objectionable” treatment like abortion from that obstetrician.
The “conscience protections” could include things like a pharmacist refusing to fill a prescription for hormones or a surgeon declining to perform a transition-related procedure, as long as the provider could come up with a “moral” reason to decline care.
Pediatricians could refuse care for a child of Gay or Lesbian parents without any consequences. Presently, when this has been done, especially in emergency situations, there has been unevenly successful legal recourse.
A person’s life could become a gamble on whether they will or will not get necessary medical treatment.
Basically this takes the wind out of Jesus’s parable of the Good Samaritan as the other people who simply walked by the injured man on the road would have been allowed to do so without conseuence.
Luke 10:25-37 New Evangelical Version (NEV)
The Parable of the Good Samaritan
On one occasion an expert in the law stood up to test Jesus. “Teacher,” he asked, “what must I do to inherit eternal life?”
“What is written in the Law?” he replied. “How do you read it?”
He answered, “‘Love the Lord your God with all your heart and with all your soul and with all your strength and with all your mind’; and, ‘Love your neighbor as yourself.’”
“You have answered correctly,” Jesus replied. “Do this and you will live.”
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In reply Jesus said:
“A man was going down from Jerusalem to Jericho, when he was attacked by robbers. They stripped him of his clothes, beat him and went away, leaving him half dead. A priest happened to be going down the same road, and when he saw the man, he passed by on the other side.
Helping someone from a foreign country violated his stated religious or moral convictions.
So, too, a Levite, when he came to the place and saw him, passed by on the other side.
He too bad strongly held religious beliefs about helping someone who was not like him, and tp o so would violate his religious or moral convictions.
But a Samaritan, as he traveled, came where the man was; and when he saw him, he took pity on him. He went to him and bandaged his wounds, pouring on oil and wine. Then he put the man on his own donkey, brought him to an inn and took care of him. The next day he took out two denarii and gave them to the innkeeper. ‘Look after him,’ he said, ‘and when I return, I will reimburse you for any extra expense you may have.’
However, after the Samaritan went on his way, the inn keeper denied the injured man accommodations because he objected to what he imagined the stranger’s lifestyle might be.
“Which of these three do you think was a neighbor to the man who fell into the hands of robbers?”
“Forget who was the neighbor to the man who fell into the hands of robbers. The first twp loved their country and did what they knew you would want them to do.”
John 11:35 Jesus wept