Conscientious Objection to Participating in Abortions
willesser at YAHOO.COM
Thu Feb 24 12:35:45 PST 2000
--- Douglas Laycock <dlaycock at MAIL.LAW.UTEXAS.EDU>
> There is a conscientious objector provision
> for federally assisted
> public hospitals. It covers institutions with
> respect to their residency
> and training accreditation as well as individuals
> who refuse to
> participate. I think it is in 42 USC section 300-7.
The section is 42 U.S.C. sec 238n "Abortion-related
discrimination in governmental activities regarding
training and licensing of physicians." It applies
only to the federal government and any state or local
government that receives "Federal financial
Because it only applies to governments, the question
of whether a private hospital could, under Title VII,
fire a nurse who religiously refused to perform
abortions rests on two questions: (a) Is assisting
with abortions part of the job? and (b) Would it be
more than a de minimis burden for the employer?
"Preach often; sometimes use words." St. Francis of Assisi
Law Clerk - Tenth Circuit
Ad Majorem Dei Gloriam
Do You Yahoo!?
Talk to your friends online with Yahoo! Messenger.
More information about the Religionlaw