Conscience Protection Amendment Signed into Law, Challenge Expected from California AG
President Bush signed into law on Wednesday a spending bill that included a provision to protect health care providers from being forced to provide or participate in abortions against their conscience. On the same day, California Attorney General Bill Lockyer said he would sue the federal government over the provision.
Sponsored by Reps. Henry Hyde (R-Ill.) and Dave Weldon (R-Fl.), the "Hyde- Weldon Conscience Protection Amendment," prevents the federal government from discrimination against hospitals and health care providers who choose not to refer for, pay for, or provide abortions.
The United States Conference of Catholic Bishops applauded the provision’s approval.
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"Over a million abortions are done every year by willing abortion providers in this country. It is outrageous to suggest that Catholic health care providers and others with moral objections should be forced into the practice of abortion,” said Cathy Cleaver Ruse, Esq., Director of Planning and Information for the United States Conference of Catholic Bishops (USCCB) Secretariat for Pro-Life Activities.
Lockyer called the provision “an unacceptable attack on women’s rights and state sovereignty, and a backdoor attempt to overturn Roe v. Wade,” expressing concern that it would block all the money to the entire state or local government that violates the provision. He is expected to file the lawsuit, which is backed by three pro-choice female Democrats and Planned Parenthood, within weeks.
Ruse said the USCCB wasn’t surprised at the planned suit. "When abortion activists fail to achieve a goal the democratic way, as they so often do, they turn to the courts to achieve it the undemocratic way.”
"The irony here is that the champions of 'choice' say doctors should have no choice when it comes to abortion. But no one should be forced to participate in abortion,” she said.
Campaign for Children and Families, a leading West Coast pro-family organization, also condemned Lockyer’s announcement.
"Imagine you're a baby doctor. You've said the Hippocratic Oath to do no harm, and now Bill Lockyer is forcing you to participate in killing an unborn child in a bloody abortion procedure. What ever happened to a person's 'right to choose' to have a conscience?” asked Randy Thomasson, president of CCF.
Thomasson said California wouldn't lose funds if it allowed doctors to choose their conscience.
"Instead of behaving like a lawyer for the wealthy abortion groups, Lockyer should immediately draft legislation to conform California to the new federal law. California doesn't have to lose any federal funds. Abortions would still occur in California, but the state would cease and desist from forcing doctors and nurses to horribly kill unborn children against their own conscience,” he concluded.
According to the groups who support the provision, federal law already protects health care entities from performing or participating in abortions against their will but the provision was necessary because the law had been misinterpreted to protect only residency training programs.
