The Problem

Today the concept that healthcare workers have a right of conscience is being challenged. Healthcare right of conscience is the right of healthcare providers to refuse to participate in or cooperate with healthcare practices they deem religiously or morally objectionable. Performing abortions, providing artificial insemination services, and filling prescriptions for contraceptives are among the medical practices and procedures healthcare professionals may consider objectionable.

Opposition to healthcare workers’ right of conscience began in the 1970s when professional organizations pressured institutions to include in their residency programs training in performing abortions. Since then, lawmakers have passed state and federal legislation and case law has developed to protect the healthcare right of conscience, but the current protections for healthcare professionals are inadequate.

Increasingly, healthcare providers, including doctors, nurses, physician assistants, pharmacists, clerical and other healthcare workers, are given the choice to either violate their consciences in their workplaces or face discriminatory treatment. The discriminatory treatment may take such forms as an employer denying a healthcare worker a promotion or a medical board revoking a healthcare professional’s license.