19 January 2018

Objections to conscience?

Once Americans acknowledged the idea of conscientious objection to military combat duty, we effectively surrendered our right to deny conscientious objections to other things, even when, in the case of abortion, many may argue that the patient's reproductive rights should have priority over any doctor's religious scruples. Once admit that you can refuse the state's call to arms on religious grounds, you probably have to allow others to deny that the state's recognition of reproductive rights imposes a duty contrary to a doctor's religious principles. I might like to argue that religious liberty should never override state duties or rights unless the conscientious objector can prove with reference to scripture that his or her salvation is irrevocably at stake, but that has never been the standard for allowing conscientious objection -- and in any event salvation is never out of reach for Christians, no matter what sin  they commit. That leaves no real remedy for the Trump administration's commitment to defend the rights of doctors who refuse to perform abortions (or assist in suicide where state laws permit) as a matter of religious conscience. The only effective remedy might be for whichever body that governs those specialists who might perform abortions to steer people who object to abortion away from  the profession. Such a move probably would be denounced as discrimination against religion, no matter how many professedly devout Christians continue to perform abortions, and even if the state didn't recognize it as such the idea alone would most likely rile up Christianists in counterproductive fashion. The only certain remedy would be for civil society to induce people to learn the necessary specialties in order to ensure a sufficiency of doctors to meet women's needs, but even that will be certain only for as long as the state permits abortion, and that segues to another story. I'll close this one by questioning whether those applauding the Trump administration actually endorse the principle of conscientious objection or merely want privileged protection for their own Christianist biases. Would they support a Muslim doctor, for instance, who claimed a conscientious objection, on the basis of a perceived religious obligation, to treating patients of the opposite sex? If not -- if they argue instead that Muslims shouldn't practice medicine in this country if they have such scruples -- then physician, heal thyself.

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