Testimony on HB 5158 — Health Care Right of Conscience
Written Testimony of Michigan Catholic Conference
23 October 2001
House Bill 5158
House Committee on Health Policy
Thank you Mr. Chairman and members of the committee. My name is Paul Long and I am the vice president for public policy with the Michigan Catholic Conference. I want to thank you for providing this opportunity to offer our reflections on House Bill 5158.
We are grateful for the effort to offer legislation that safeguards the right of health care workers and facilities to refuse to participate in practices that violate their consciences.
The Michigan Catholic Conference has traditionally supported amendments in law and regulation which ensure the continued right of health providers to operate according to their individual and institutional consciences.
Catholic health care, guided by the Ethical and Religious Directives for Catholic Health Care Services (ERDs), is based on several principles of social responsibility:
- the Catholic health care ministry is rooted in a commitment to promote and defend the dignity of each human being;
- the biblical mandate to care for the poor prompts the Catholic health care ministry to provide and advocate for adequate care for the poor, the uninsured and the underinsured; and
- the Catholic health care ministry exercises responsible stewardship of available health care resources.
These guidelines preclude Catholic entities from providing, referring or paying for services that violate the Catholic moral tradition. The Ethical Directives do not violate either state or federal law. Neither the State of Michigan nor the federal government mandates provision or referral by all providers for all procedures, including family planning, abortion or sterilization. Health care providers are not required by law to provide every available health care service.
The Catholic Church has a centuries-old tradition of providing essential medical care to the poor, the sick and the most vulnerable. Individual and institutional health care providers can and should maintain their mission and their services without compromising their social and moral teachings.
There is, however, a coalition of permissive abortion policy advocates that have launched an unprecedented proliferation of political, legal and ideological attacks against religious, particularly Catholic, providers of health care. Organizations that have testified in opposition to House Bill 5158 are part of this coalition. And, if their pervasive and well-organized threats to the freedom of religious conscience are not fully recognized and addressed by this legislation, all religious and particularly Catholic ministries and affiliated institutions will be severely diminished and, in some instances, destroyed.
Religious freedom of conscience has been a fundamental principle of our republic for more than 200 years. We must not allow a bedrock constitutional right to be reframed or diminished as a “legal loophole” or contraceptive “denial clause.”
A civil right of conscience must be recognized for all individual and institutional health care providers. Individuals do not lose their right to exercise their religion and conscience once they enter the health care field. House Bill 5158 protects this fundamental right. It in no way infringes on the rights of patients or the quality of care that they receive. Patients have a right to receive the health care services they desire but not a right to force someone or institution to provide it to them. Thus, patients’ ability to choose is not hampered by this legislation.
The health care environment needs to support and encourage ethical integrity, and religious healthcare providers must be allowed to operate in a manner consistent with religious beliefs.
Thus we call for the approval of House Bill 5158 and encourage your yes vote.
Thank you.
