Obama Administration Revises 'Conscience Clause' Rules: Contraception No Longer Considered Abortion

WASHINGTON -- (AP) The government has replaced a Bush-era rule that became a flash point in the debate over abortions, clarifying that doctors and nurses have a long-standing federal right not to participate in the procedures.

Federal laws for years have forbidden discrimination against health care professionals who refuse to perform abortions or sterilizations, or to provide referrals for them on religious or moral grounds.

The regulation, instituted in the last days of the Bush administration, was supposed to strengthen those protections by adding a requirement that institutions that receive federal money certify their compliance with the so-called conscience laws, so that money could be cut off if the law wasn't being followed.

That regulation was quickly challenged in federal court by several states and medical organizations, in part over concern that its overly broad wording also could be used to refuse birth control, family planning services and a variety of other services.

The Obama administration announced a year ago that it planned to repeal the regulation, and it did so on Friday after months spent reviewing 300,000 comments from the public on both sides.

In its place is a new rule that retains just the federal conscience protections for abortions and sterilizations, along with a provision that spells out how health workers who feel they were discriminated against can ask the government to enforce that law.

"Strong conscience laws make it clear that health care providers cannot be compelled to perform or assist in an abortion," said a statement from the Department of Health and Human Services. "The rule being issued today builds on these laws by providing a clear enforcement process."

Comments

[johmich5]

09:50 AM on 03/04/2011

The 2003 Illinois Born-Alive Infants Protection bill (SB 1082) would have passed the Illinois Senate in 2003, if Chairman Obama had not killed it in his committee. This bill defended the proposition, "A live child born as a result of an abortion shall be fully recognized as a human person and accorded immediate protection under the law." Obama voted as Il Senator to allow abortion of live born babies. Research Obama's radical infanticide views.

Obama believes abortion should be legal after live birth. Is it any surprise that he believes abortive contraception’s are not abortion?

[AllPowertothePeople]

11:57 AM on 04/14/2011

So my question is, "How many unwanted children have you adopted today?" Its easy to criticize someone's choices from an ivory tower. Maybe when you stop by planned parenthood and offer to adopt every unwanted child or child of rape without any government subsidies then your opinion might be worth something.

Until then go by a very simple statement, "Don't like abortion? Don't have one!"

[johmich5]

09:50 AM on 03/04/2011

Obama believes abortion should be legal after live birth. Is it any surprise that he believes abortive contraception’s are not abortion?

[Billyguitar]

03:20 PM on 02/24/2011

Take note, the people who complain he doesn't do what he promises!

[Barbara Folk]

03:21 PM on 02/23/2011

Ok, definitely late coming to the party... but Why is sterlization considered abortion? That makes absolutely NO sense to me.

[Lisa Shields]

02:33 PM on 02/23/2011

Thank god.
Under the "old rule", someone who is not part of my life could make the decision to deny me birth control...because it was against THEIR beliefs. That doesn't work. Not for me...not for my daughter.
Not for ANYONE'S daughter.

[johmich5]

09:41 AM on 03/04/2011

Sterilization is a better choice for the promiscuous then abortion.

[AllPowertothePeople]

11:59 AM on 04/14/2011

I assume you are sterilized.
Your not??
Well maybe you should keep your nose out of other people crotches then!

[TedEjr]

08:46 PM on 02/22/2011

It is a step down the right road. But it is far, very far, from reaching the destination. More like, the key is now in the car. But the engine is not yet running.

[RedFlatShoe]

02:24 PM on 02/23/2011

Is it like the chicken may have left the coop, but the coop is made of gold and has a 3D TV. And the chicken went to college.

[Fuquon Jacobson]

05:11 PM on 02/21/2011

Thank. God.

[Peace Walker]

04:19 PM on 02/21/2011

If you dont like driving women, dont become a taxi driver - its part of the job.

If you dont want to learn and are not prepared to administer all necessary health care for women's reproductive systems, do not become a gynecologist.

[Patchdee]

05:07 PM on 02/22/2011

Good analogy and simple enough that even the fundies should be able to understand.

[Yagami Light]

07:35 AM on 02/21/2011

post

[Yagami Light]

07:28 AM on 02/21/2011

Marija

[Yagami Light]

07:34 AM on 02/21/2011

?

[Joshy X]

12:21 AM on 02/21/2011

man Obama spends so much time trying to ensure federal funding for partial birth abortions... karma

[pinkibus]

03:50 PM on 02/23/2011

Partial birth abortion is a meaningless term. Try to be clear in what you are trying to say. I mean how does you term partial birth abortion relate to either birth contorl or abortion. And have you tried looking after a baby with no brain or no intelligence or various other things which make life after birth unsustainable? Have you ever had a doctor tell you you and or the fertilized egg if it were to go to term would die? Didn't think so.

[ellyk]

09:32 PM on 02/20/2011

I think if women are able to choose to get an abortion, then doctors and nurses should be able to choose if they will perform them. If I decided to get an abortion and my doctor did not want to perform one, then I would go to a different doctor.

[SirenForSanity]

11:24 PM on 02/20/2011

You understand that that is how it already works don't you? Now consider you have an ectopic pregnancy, what should you do if you show up in serious condition and you are denied medical care because the attending have a moral issue?

[judiNJ]

03:25 PM on 02/21/2011

Well, you would probably die. I have had one of those little things and they can be deadly.

[Nico kitty]

08:27 PM on 02/21/2011

As a doctor, you have the capacity to define what medicine it is you practice. If you are part of a hospital or practice that provides those services than you should be willing to perform that service without judgment, granted you have to training to do so. If you don't want to do abortions that you should not choose to be a gynecologist etc. It seems ridiculous that someone shows up and wants a potentially life-saving procedure and that day it just doesn't align with your personal views. Change your line of work or find a hospital or practice which shares your values.

[Patchdee]

05:11 PM on 02/22/2011

Excellent comment. Word of warning.... if you are pregnant DO NOT go to a Catholic hospital or you could find yourself in harm's way.

[1donewrong]

04:01 PM on 02/20/2011

Barak made the call now the congress needs to defund the program

[golfnut49]

05:18 PM on 02/20/2011

Bull.........so defunding the program will mean women can't get birth control pills and then have a need for an abortion because the pregnancy rate would increase? Stick-your-head-in-the-sand logic from the right-wing nuts.........the Prez made the right common sense decision for the 21st century..........lets move forward and not backwards to the 18th century.

[1donewrong]

05:57 PM on 02/20/2011

no they can still go to a pharmacy for their needs since all pharmacies HAVE to sell them and the morning after. Let planned parenthood get their $$ from soros, and Steinem and other libs

[Patchdee]

05:14 PM on 02/22/2011

What the hell does this mean? It was Bush Junior who gave the receptionists and everyone at a gynecologist's office the power over the patients live ----- under his expanded Conscience Law..... also pharmacists could refuse to fill prescriptions birth control Rx's (wonder if any of them refused to sell condoms?)

[1donewrong]

06:57 PM on 02/22/2011

yep and barak took them to court in 2009 and forced them to carry all the drugs and they are unable to use the conscience clause, stay up on current events and quit listening to the state run media

[megaman3]

03:22 PM on 02/20/2011

All I can say is, it's about time. We can finally put an end to the era of snarky pharmacists denying women Plan B. If your morals get in the way of doing your job, it's time to find a new job.

[PatA]

11:28 PM on 02/20/2011

megaman3, fanned and faved!

[coveark]

08:14 AM on 02/21/2011

They did not post your comment on my comment above....guesswemustnotoffend dydeeboy.

[1donewrong]

06:58 PM on 02/22/2011

maybe if the women had morals they wouldn't be there in the 1st place

[MsCanuck]

07:42 PM on 02/22/2011

It takes two to tango - stop blaming the women, look at the men's behaviour as well, the day that men wear a condom EVERY time they have sex and take responsibility for their behaviour, is the day they can have a say in a women's contraception, until then butt out.

[pinkibus]

08:34 PM on 02/22/2011

youdonewrong - maybe if the men had morals - oh - I forgot. Copulation requires a female too. But if she says no and he says yes and she gets pregnant or an std it is her fault. She should have fought harder. Maybe carried a gun and shot him.

[junkiebev]

10:35 AM on 02/20/2011

If you have a kid at 16 it should be taken away and you should be turned upside down and filled with cement because you’re a menace to society. You might as well just chop off one of your own feet since you’re so determined to make your life ten thousand times harder than it needs to be for absolutely no reason.

If you can afford a kid and are stable enough to have one then have one.

That is literally as complex as the issue is.

[Hob-Goblin]

12:58 PM on 02/20/2011

Spoken like someone who has never made a mistake in her entire life, especially as a teenager. I'm always so in awe of such people! :o

[caesarf]

03:41 PM on 02/20/2011

Literally-do you know the meaning of this word? I think people who are unable to understand the actual complexity of this issue are a menace to society.

[1donewrong]

06:59 PM on 02/22/2011

complexity?? keep your legs close