Our Client Didn’t Become a Nurse To Kill the Unborn

Imagine dedicating your career to providing compassionate care for others as an OB/GYN nurse, only to be told you must violate your deeply held beliefs and assist in killing an unborn child – or potentially lose your job and even your nursing credentials.

This is the predicament confronting our client, a nurse at Baptist Health Lexington Hospital (BHS Lex) in Kentucky, where institutional “policies” threaten her ability to adhere to her Christian faith.

So our client, Judy, a devout Christian and dedicated nurse, requested a religious accommodation to exempt her from assisting in abortion procedures. BHS Lex responded with terms that were unacceptable “conditions” that undermined the very purpose of her request.

While BHS Lex approved Judy’s request on paper, it was conditional and vague. The accommodation referred to subjective criteria such as “staffing challenges” and “emergent situations.” These undefined terms effectively leave our client without any assurance that her faith-based convictions will be respected. The hospital’s stance creates a chilling precedent that deeply held religious beliefs – beliefs against taking an innocent human life – may be disregarded at any moment in the name of operational convenience.

The conditions attached to our client’s accommodation blatantly contradict federal and state laws. Title VII of the Civil Rights Act and Kentucky’s own legal protections explicitly safeguard employees from discrimination based on their religious beliefs. Additionally, federal conscience protections, such as the Church Amendments, also ensure that no healthcare professional should be coerced into participating in procedures like abortion when doing so would violate their moral or religious convictions.

This case highlights an increasing concern for conservatives and people of faith in the medical field. The failure to accommodate religious beliefs not only undermines the rights of individuals like Judy but also poses a threat to the ability of Christian practitioners to work in the healthcare industry altogether. A workplace that disregards conscience rights undermines the principles of mutual respect and religious freedom, which are foundational to our republic.

The ACLJ has stepped in to represent Judy, demanding that BHS Lex fully honor its legal obligations. We have called for written assurances that our client will not be compelled to assist in any abortion-related procedures, regardless of staffing conditions or other operational factors.

As we explained in our letter to the hospital, the Supreme Court has pointed out:

[D]octors need not follow a time-intensive procedure to invoke federal conscience protections. A doctor may simply refuse; federal law protects doctors from repercussions when they have “refused” to participate in an abortion. §300a-7(c)(1). And as the Government states, “[h]ospitals must accommodate doctors in emergency rooms no less than in other contexts.” For that reason, hospitals and doctors typically try to plan ahead for how to deal with a doctor’s absence due to conscience objections. (Emphasis added.)

It is outrageous that any healthcare professional should be forced to choose between their faith and their career. The conditions imposed by BHS Lex are not just unacceptable; they are blatantly unlawful.

If BHS Lex refuses to comply, the ACLJ will not hesitate to take immediate and aggressive legal action, including filing a formal complaint with the Office for Civil Rights at the Department of Health and Human Services (HHS). This must end.

This case is about more than one individual – it’s about preserving the rights of all Americans to live and work in accordance with their faith. Here’s how you can support this fight:

1. Spread Awareness: Share Judy’s story and the importance of conscience rights.
2. Support the ACLJ: Consider donating to an organization that defends religious freedom.
3. Advocate for Stronger Protections: Contact your legislators and urge them to prioritize conscience protections in healthcare. The protections that Kentucky has in place are extremely helpful in our client’s case, but not every state has them. For example, our clients in New Mexico have no protection under state law.

Our client’s courage is a powerful reminder that standing up for one’s beliefs is never easy but always worth it. As this battle continues, we must remain resolute in defending the fundamental principle that no one should be forced to violate their conscience in order to earn a living. This is especially critical when the objection is to abortion – the deliberate termination of innocent human life. Now is the time to take a stand and protect the right to conscience for all.