Women
have few rights at all when doctors can legally misinform them or deny
service entirely.
Under a new midnight regulation crammed through by the Bush Department
of Health and Human Services and poised to become law any day now, any
health-care worker may refuse to perform procedures, offer advice or
dispense prescriptions, if doing so would offend their religious
beliefs or moral convictions.
Congress has protected the right of physicians to opt out of providing
abortions for decades. This new rule, which President-elect Obama can
overturn (although it may take months), is far broader. It allows one's
access to birth control, emergency contraception and even artificial
insemination to turn on the moral preferences of a pharmacist, nurse or
ambulance driver.
Further nutter nonsense appeared in a South Dakota law that went into
effect last summer after an appeals court lifted a preliminary
injunction. The law requires physicians providing abortions to read from
a state-mandated script advising the patient that she is about to
terminate the life of a whole, separate, unique, living human being
with whom she has an existing relationship. The doctor must have
her patient sign each page of a form indicating that she has been warned
of the statistically significant risks of the procedure,
including increased risk of suicide ideation and suicide.
These risks are almost completely unsupported by the scientific
literature. A new comprehensive study released by Johns Hopkins found
no significant differences in long-term mental health between women in
the United States who choose to terminate a pregnancy and those who do
not. The disparity between the empirical data and the mandatory
script thus forces physicians into a Hobson's choice between providing
patients with accurate medical information, and possible license
suspension and misdemeanor charges.
Whether we like it or not, the right to birth control, emergency
contraception and—under most circumstances—abortion is still
constitutionally protected. But these are not services a woman can
provide for herself, which leaves her with few rights at all when her
doctors are empowered by law to misinform her, withhold advice or deny
services altogether.
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