‘Morning after’ morality
Earlier this month, Illinois Gov. Rod Blagojevich signed emergency
legislation requiring pharmacists around the state to fill
prescriptions for contraceptives, including those dubbed the “morning
after pill.” David Scimio, a pharmacist in Chicago, filed suit
against the state, saying the legislation violated his right to not
fill prescriptions for “emergency contraceptives,” in keeping with
his religious beliefs. According to Scimio’s attorneys, he previously
was able to refer patients seeking such contraceptives to another
pharmacy nearby. How much leeway should an employee have, regarding
actions that go against his beliefs (i.e. filling prescriptions for
contraceptives)?
No one should ever be forced to violate their conscience in order
to work, live, eat or exist. It is amazing to me that our culture
consistently awards people without conscience, but punishes people
with a conscience. Over and over again, it is the people of moral
conviction and conscience who are being marginalized as intolerant
and bigots.
Dr. Scimio is not forbidding people from getting the pill, nor is
he blocking their access. He is merely stating that he will not be
the conduit for prescriptions that violate his conscience. This is
not a medication that could potentially affect the new life, but is
designed specifically to destroy it. There is a big difference and
that difference is at the core of Dr. Scimio’s objection.
Gov. Blagojevich is forcing a hardworking American out of a job.
That kind of secular fundamentalism is what gives Christ-followers
the heebie-jeebies. That kind of fanaticism is seen as the beginning
of the persecution that will trumpet the arrival of the anti-Christ
and the end of time.
From a secular perspective, it is also very Orwellian. If we are
to remain the “land of the free,” then we must be free to abstain
from activities that violate our conscience. Corrie Ten Boom and her
family objected to the Nazi treatment of the Jews. Though not a Jew,
she was sent to a concentration camp with the Jews she protected. She
survived, but lost the rest of her family and their possessions. Many
others did the same.
Even today, our military allows for conscientious objectors. Why
should we require anything else of our civilians?
SENIOR ASSOCIATE
PASTOR RIC OLSEN
Harbor Trinity
Costa Mesa
“No delays, no hassles, no lectures.”
Using these words, the governor supported the rights of women to
get their prescriptions filled, over the claim of a pharmacist that
he did not have to fill the prescription for emergency contraception
because he disagrees with the morality of using it.
The pharmacist who has this belief should be the one to bear any
hardships caused by his personal ethical views, rather than shifting
the burden to the patient or consumer. I do not think that a woman
who wants this medication should hear one word of disapproval from
the pharmacist or be expected to go elsewhere, even two steps.
The “morning after pill” (also known as Levonorgestrel or Plan B)
is better termed “emergency contraception.” In emergency rooms, it is
standard operating procedure to offer it to rape victims. It is also
used where another form of contraception may have failed -- for
example, a condom that was not used at all, was not used properly, or
that broke.
Dr. Andre Lalonde, executive vice president of the Society of
Obstetricians and Gynecologists of Canada, has said, “Emergency
contraception has the potential to significantly reduce the incidence
of unintended pregnancy and the number of abortions performed.”
In many cases, the woman who needs emergency contraception is
already traumatized. She should not be subjected to treatment at a
pharmacy that humiliates or embarrasses her and which creates
barriers or causes delay.
Emergency contraception is most effective in preventing pregnancy
(95%) when used within 24 hours, so time is of the essence. It can be
effective up to 120 hours, but its success drops to 75%. It gives the
body a short, high burst of synthetic hormones that prevents
pregnancy by preventing ovulation, fertilization or implantation in
the uterine wall.
Regular birth control pills may also be used for emergency
contraception, with special dosage charts for using them for that
purpose available online. It is not practical as a regular
contraceptive method because it causes nausea and upset stomach, and
a woman would have to use it each time she had sex.
There is no teaching in Zen Buddhism that a woman must allow
ovulation, fertilization or implantation, or that taking
contraceptives or emergency contraceptives is immoral.
In Canada this week, the federal government approved regulatory
changes to allow emergency contraceptives to be dispensed from behind
the counter in pharmacies without a prescription. A further movement
is underway for emergency contraceptives to be available on the
shelf, rather than behind the counter.
If this happens in the U.S., the conscience issue for most
pharmacists would be moot. But it is not likely that we will see the
U.S. pharmacists who object to filling emergency contraceptive
prescriptions advocating this solution, because so many of them would
like these medications to be illegal or, failing that, try to make it
as difficult as possible for people to get them.
Last week, a bill was vetoed which would have required all
hospitals in Colorado, including Catholic facilities, to notify rape
victims of the availability of emergency contraception to avoid
pregnancy. A woman who is taken to a Catholic hospital in an
emergency should have the same treatment rights and options as
someone who is taken to a non-Catholic hospital.
In this case, the religious doctrine of the hospital is given a
priority over the quality of medical care given to the public, even
in emergencies where the patient was taken to the closest hospital.
Creating access barriers of any kind disproportionately impacts
people with low income, or who have language or literacy limitations.
Any woman who wants emergency contraceptives should be able to get
it, and the conscience of the pharmacist should not be used as a
reason to delay, hassle or lecture.
REV. DR. DEBORAH BARRETT
Zen Center of Orange County
Costa Mesa
Emergency contraception pills prevent pregnancy. They cannot
terminate an established pregnancy.
Pharmacists who reject a physician’s prescription for emergency
contraceptives claim the pill is an abortifacient (an agent that
causes abortion). But the Food and Drug Administration concluded,
“Emergency contraceptive pills are not effective if the woman is
pregnant.”
In fact, the “morning after pill” would prevent hundreds of
thousands of abortions from taking place. Any pharmacist so ignorant
of the reproductive system should be terminated, regardless of his
refusal to fill prescriptions.
Licensed by the state, pharmacists bear a public duty regardless
of their private morality. Should a pharmacist’s religious beliefs
trump a woman’s medical needs? Shall the pharmacist refuse
contraceptives to an unmarried woman for fear of abetting
fornication? Shall we return to the era of signs reading, “We reserve
the right to refuse service to anyone (anyone who is not the same as
we, that is)?”
The code of ethics for pharmacists reads in part: A pharmacist
promises to help individuals achieve optimum benefit from their
medications, to be committed to their welfare and to maintain their
trust. A pharmacist places concern for the well being of the patient
at the center of professional practice. A pharmacist promotes the
right of self-determination and recognizes individual self-worth ...
in all cases a pharmacist respects personal and cultural differences
among patients. A pharmacist acknowledges that colleagues and other
health professionals may differ in the beliefs and values they apply
to the care of the patient.
Arizona governor Janet Napolitano rightly vetoed a bill that
allowed pharmacists to refuse to provide emergency contraception, if
doing so conflicts with their moral or religious beliefs. She said
that pharmacies “have no right to interfere with the lawful personal
medical decisions made by patients and their doctors.”
A woman’s right to fulfill the directives of her physician
outweighs the pharmacist’s right to force his private morality into
her life. As healthcare professionals, pharmacists are responsible to
do what is medically best for each patient.
After all, you may seek relief from a migraine headache and bring
a prescription for Imitrex to a pharmacist. What if he holds a deep
religious belief that pain brings you closer to God?
RABBI MARK S. MILLER
Temple Bat Yahm
Newport Beach
Moral law and civil laws often collide. When they do, those of us
who prioritize moral law must determine whether or not we choose to
bear the consequences of violating civil law. Great efforts for
justice and peace spring immediately to mind.
Part of government’s business is, in ethical terms, “the greatest
good for the greatest number” of citizens. So this Christian
pharmacist in Illinois has great leeway in a variety of choices
including: pursuing his suit against the state, risking financial
losses; refusing to fill prescriptions which he feels violate his
religious beliefs, risking termination; moving into part-time
employment so that his pharmacy can hire another pharmacist who will
fill prescriptions he cannot, risking ridicule; continuing to refer
patients to another pharmacy nearby, risking both termination and
arrest.
I wonder if prescriptions for contraceptives are the only ones
that Mr. Scimio believes violate his Christian morals.
Personally, my conscience rebels every time I sign a “License and
Certificate of Marriage,” issued by the State of California. I ask
what a Christian minister is doing acting as an agent of the state. I
sign the licenses because consequences of not doing so would affect
me less than it would put the marriage partners at risk.
Sometimes collisions between civil laws and moral law are tempered
by pragmatism and by caring enough about others to prioritize their
needs.
(THE VERY REV’D CANON)
PETER D. HAYNES
Saint Michael & All Angels
Episcopal Church
Corona del Mar
This is a tricky question because I can see reasonable arguments
on both sides.
It would serve no purpose to force someone to do something that
violated their religious beliefs, and it would serve no purpose to
deny a customer something they are legally entitled to. On the other
hand, if a pharmacist believed that a certain drug like chemotherapy
was causing undo suffering and would not lead to a healing, would
they have the right to refuse that pharmaceutical request?
These and other questions are requiring more and more study in the
area of biomedical ethics.
My suggestion would be to employ a few biomedical ethicists and
see what kind of solutions they might be able to come up with. It
would also prove beneficial if the group of ethicists were joined by
some spiritual leaders for input and suggestions.
The issues here are not about denying a person’s spiritual
beliefs; they are about the possible violation of those beliefs. If,
however, the rhetoric heats up and people dig their heels in, it will
probably take longer to resolve and turn into a legal battle where it
will, more than likely, come down to how a judge or group of judges
interprets the law.
SENIOR PASTOR
JAMES TURRELL
Center for Spiritual Discovery
Costa Mesa
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