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ACLU Uses Hard Cases to Bully Catholic Hospitals

The American Civil Liberties Union (ACLU) is ramping up its campaign to use the courts to force all Catholic hospitals to provide abortions and sterilizations.

The strategy is clear: Use the anecdotal exception to destroy the general rule.

In the current scenarios, the ACLU is representing women who claim they need to be sterilized because of alleged threats to their health posed by future unwanted pregnancies, or they need to have access to abortion in case they have complications.

The women could utilize the services of another hospital. But instead, they are suing to force Catholic hospitals to perform the sterilizations or abortions.

The targets are the Ethical and Religious Directives for Health Care Services of the National Conference of Catholic Bishops and the First Amendment’s religious freedom guarantee.

On September 23, the ACLU of Michigan sent a demand letter to Genesys Hospital run by Ascension Health in Grand Blanc, Michigan, on behalf of a pregnant woman with a life-threatening brain tumor. The hospital denied her request for a tubal ligation at the time of her scheduled cesarean section delivery in October.

The ACLU says her doctors advised her to have the tubal ligation at the time of her C-section because another pregnancy would exacerbate risks posed by her tumor, as would another surgery after the delivery.

“Catholic bishops are not licensed medical professionals and have no place dictating how doctors practice medicine, especially when it violates federal law,” wrote ACLU of Michigan Staff Attorney Brooke A. Tucker, referring to the Emergency Medical Treatment and Active Labor Act (1986), which requires hospitals that accept Medicare and Medicaid to provide emergency care to anyone who needs it.

The ACLU and its state affiliate also filed a federal lawsuit on Oct. 1 against Michigan-based Trinity Health Corporation, which operates more than 80 hospitals around the country. The suit contends that the hospitals’ refusal to perform abortions puts women with troubled pregnancies at risk.

“This case has no merit,” Trinity said in a statement to ModernHealthCare.com. “The Ethical and Religious Directives are entirely consistent with high-quality healthcare, and our clinicians continue to provide superb care throughout the communities we serve.”

Catholic doctors treat mother and baby as two patients, not just one. This means preserving two lives in the course of treatment.

“What (the ACLU) is trying to do is force Catholic hospitals to relax their rules,” Health care law expert and Samford University professor emeritus Leonard Nelson told ModernHealthCare. “They would like Catholic hospitals to not have any particular religious orientation, especially when it comes to abortions.”

As Catholic health corporations, Genesys and Trinity are bound by Directive 53 of the Ethical and Religious Directives for Catholic Health Care Services of the United States Conference of Catholic Bishops, which states:

“Direct sterilization of either men or women, whether permanent or temporary, is not permitted in a Catholic health care institution. Procedures that induce sterility are permitted when their direct effect is the cure or alleviation of a present and serious pathology and a simpler treatment is not available.”

And here’s Directive 70: “Catholic health care organizations are not permitted to engage in immediate material cooperation in actions that are intrinsically immoral, such as abortion, euthanasia, assisted suicide, and direct sterilization.”

In August, the ACLU threatened to sue Mercy Medical Center, a facility run by the Sisters of Mercy and part of Dignity Health, which operates 40 hospitals – 22 of which are Catholic – in California, Nevada and Arizona, according to CNSNews.

Rachel Miller, a 32-year-old attorney, was rebuffed by hospital officials after she asked them to sterilize her following a planned live birth. She said that going to another hospital 160 miles away for the procedure was a hardship. After the ACLU threat, hospital officials agreed to perform the operation.

Hard cases make bad law, and the ACLU is very obviously going out of its way to destroy the unique, religious character of Catholic hospitals.


This article was originally posted at Townhall.com.

 




The ACLU’s Sterile View of the First Amendment

Tie her tubes, or we’ll sue you for sex discrimination, the American Civil Liberties Union (ACLU) told a Catholic-affiliated hospital in California.

So after first declining to do so, Mercy Medical Center in Redding has now slated a tubal ligation for a woman after her scheduled C-section to deliver a baby in late September.

The ACLU’s demand is cut from the same cloth as the Obama Administration’s order under Obamacare to the Little Sisters of the Poor to violate their beliefs and provide contraceptives and abortifacients or pay crushing fines. That case is still in litigation.

The latest manifestation of the Left’s war on the First Amendment’s religious liberty guarantee began when Rachel Miller, a 32-year-old attorney, was rebuffed by hospital officials after she asked them to sterilize her following a planned live birth. In an Aug. 17 letter, the ACLU threatened to sue Mercy Medical Center, a facility run by the Sisters of Mercy and part of Dignity Health, which operates 40 hospitals — 22 of which are Catholic — in California, Nevada and Arizona, according to CNSNews.

Directive 53 of the Ethical and Religious Directives for Catholic Health Care Services of the United States Conference of Catholic Bishops states:

“Direct sterilization of either men or women, whether permanent or temporary, is not permitted in a Catholic health care institution. Procedures that induce sterility are permitted when their direct effect is the cure or alleviation of a present and serious pathology and a simpler treatment is not available.”

Directive 70 states:

“Catholic health care organizations are not permitted to engage in immediate material cooperation in actions that are intrinsically immoral, such as abortion, euthanasia, assisted suicide, and direct sterilization.”

Tough, said the ACLU, which regards all of the above as routine medical care, even though the procedures involve either taking an unborn child’s life, deliberately killing patients, helping them kill themselves, or rendering people sterile.

The ACLU noted that, ‘”getting one’s tubes tied,’ is the contraception method of choice for more than 30 percent of U.S. married women of reproductive age.”

Well, it’s one thing to voluntarily undergo it, as many do, but it is quite another to force others to perform it regardless of their beliefs. Given a deadline to respond by Aug. 24 or face a lawsuit, the hospital reversed its decision. In a brief statement, the hospital did not explain the about-face, other than to note, “tubal ligations are not performed in Catholic hospitals except on a case-by-case basis where a formal review by a committee of physicians and others gives permission to perform the procedure.”

The turnabout came even though the ACLU acknowledged that, “Miller’s insurance company had offered to cover her delivery at the UC Davis Medical Center in Sacramento, which would allow her to obtain the tubal ligation, but that hospital is more than 160 miles away.”

In a triumphant press release, the ACLU made it clear that this is only a small part of a larger campaign to break faith-based institutions to secular values.

“The reality remains that there is a clear conflict between the best interests of patients and the directives of the Catholic hospital system,” said Elizabeth Gill, senior attorney at the ACLU of Northern California. “Religious institutions that provide services to the general public should not be allowed to hold religion as an excuse to discriminate or deny important health care.”

The ACLU has also sued hospitals in Michigan and Washington State over their refusal to perform abortions, and has sued the federal Department of Health and Human Services to obtain documents that it claims show that Catholic relief agencies will not provide abortions or referrals to abortionists for unaccompanied immigrant children crossing America’s southern border.

On June 15, a federal district court dismissed the Michigan case as an unwarranted intrusion into religious doctrine. The ACLU has appealed.

In Washington State, in the face of an ACLU threat, the Skagit County Hospital District decided not to partner with a Catholic health provider. Later, the ACLU sued the district anyway on behalf of a woman who takes an acne drug that might cause birth defects and who wanted the option of abortion if she were to become pregnant.

This is the brave new world brought to us by social engineers who are turning the medical profession into an arm of the Left’s progressive agenda.

Don’t be surprised if the ACLU’s next move is to try to force the Sisters of Mercy to facilitate sex-change surgeries.


This article was originally posted at Townhall.com