ACLJ Files Briefs in Support of New Federal Regulations Protecting Healthcare Providers’ Rights Not to Perform or Assist with Abortions | American Center for Law and Justice
  Search  |  Login  |  Register

ACLJ Profile Completion

Verified

ACLJ Files Briefs Supporting Pro-Life Healthcare Providers

By Laura Hernandez1566570754902

The ACLJ continues to take the fight to Planned Parenthood in the courts and in this case New York and California. We’ve just filed two amicus briefs defending the Department of Health and Human Services’ new Rules “Protecting Statutory Conscience Rights in Health Care.”  These new rules enforce laws passed by Congress in the aftermath of the Supreme Court’s decision in Roe v. Wade. The federal conscience laws protect persons and organizations with religious or moral objections to providing certain health care services, particularly abortion.  For example, the Church Amendment, on the books for decades, bars health care providers who receive federal funds from discriminating against a nurse or doctor or who objects to performing or assisting with abortion. We had previously filed formal legal comments in support of the new rule.

Unfortunately, these important protections have been poorly enforced and violations are increasingly on the rise.  Many pro-abortion advocates, including Planned Parenthood, oppose the new enforcement rules and believe the so-called “right” to abortion is more important than the right of conscience. The new HHS rules will ensure that the protection Congress intended for those who object to performing, assisting, or even referring for abortions will be fully enforced.

Planned Parenthood joined 20 states and several major cities in lawsuits in New York and California federal courts. Employing many of the same arguments that they used against the Protect Life rules, the Plaintiffs claim that health care as we know it will end if the right to conscience is protected. In a fanciful parade of horribles, Plaintiffs (like New York, Californian, and Planned Parenthood) falsely argue that people will be denied life-saving treatment in emergency rooms across the nation because health care workers will be permitted to object to an unlimited variety of medical procedures.  

The ACLJ filed amicus briefs in support of the Administration’s motions asking the courts to dismiss the lawsuits (in both New York and California federal courts). In particular, we addressed the Plaintiffs’ absurd claim that the new rules violate the Establishment Clause. Even though the new rules mirror the federal laws in protecting the right of conscience regardless of whether it derives from religious belief or personal moral considerations, the Plaintiffs claim that the new rules unconstitutionally favor religion.

Our brief argues:

The Final Rule’s enforcement of federal statutory protections for conscience, whether that conscience be formed by religious or moral beliefs, or both, falls squarely within our country’s historical practice of honoring the rights of conscience. The Final Rule does not violate the Establishment Clause.

Neither the Conscience Amendments nor the Final Rule single out religious beliefs for preferential treatment. Secular moral convictions against abortion are equally protected under the Final Rule and the amendments. Because religious beliefs are not singled out for preferential treatment, the Final Rule easily passes Establishment Clause muster.

Both the California and New York courts will hear oral argument on the merits in October. The ACLJ will continue its support of the government’s defense of the regulations even if, as is likely the cases are appealed.

Stop Forcing Doctors and Nurses To Perform Abortions

Pro Life  Signatures

LOGIN

Receive the latest news, updates, and contribution opportunities from ACLJ.

$20
$40
$60
$120
$240
Make this a monthly Tax-Deductible gift.

As we aggressively take legal action to protect doctors and nurses from being forced to perform abortions, your gift today could help us save lives.

Email Address is required.
First Name is required.
Last Name is required.
Credit Card Number is required.
Verification Code is required.
Expiration Month is required.
Expiration Year is required.
Receive the latest news, updates, and contribution opportunities from the ACLJ.
Encourage your friends to sign and donate by sharing this petition.
Latest in
Pro Life

ACLJ Files FOIA After Biden Admin Cites COVID-19 To Allow Abortion Pill To Be Sent Through the U.S. Mail

By Olivia Summers1623681013374

Next time you see your local mail carrier, ask them if they know they might be assisting in abortions. It sounds absurd and will likely throw them for a loop, but thanks to President Biden, any given envelope they’re sliding into a mailbox could contain abortion pills. We just took action to expose...

read more

ACLJ Urges Supreme Court To Take Eugenic Abortion Case

By Walter M. Weber1621519140000

Arkansas has a law that makes it a crime to do an abortion for an invidiously discriminatory reason, namely, because the child in the womb has Down syndrome. At the request of abortion providers, lower federal courts declared the Arkansas law unconstitutional, and the state has requested the U.S.

read more

ACLJ Files Legal Comments Against Biden Admin's Abortion Funding

By Laura Hernandez1621452396788

This has been a pivotal week in the battle to defund Planned Parenthood. The Supreme Court dismissed three cases challenging the Trump Administration’s “Protect Life regulations” defunding millions from Planned Parenthood. At the same time, we filed a new formal public legal comment urging the...

read more

SCOTUS Agrees To Hear Case That Could Severely Limit Roe v. Wade

By Jay Sekulow1621288855263

The Supreme Court has agreed to hear a MAJOR abortion case. The case – Dobbs v. Jackson Women’s Health Organization – is related to a Mississippi law that banned most abortions (with limited exceptions) after 15 weeks, which directly contradicts the 1973 landmark Supreme Court decision that...

read more