Court Says "No" To Nurse's Conscience Rights

From onenewsnow.com and Alliance Defense Fund:

Court says 'no' to nurse's conscience rights


Charlie Butts - OneNewsNow - 12/21/2010 3:30:00 AMA New York nurse has lost her appeal of a court decision involving a work incident that she believes violated her conscience rights.







The Second U.S. Circuit Court of Appeals has refused Nurse Kathy DeCarlo the right to sue for enforcement of the Church Amendment -- the federal law that protects healthcare workers against discrimination for their beliefs -- after she was threatened with disciplinary measures if she did not assist in a late-term abortion.



"Nurse DeCarlo had been forced by Mt. Sinai Hospital in Manhattan, her employer, to assist with a 22-week abortion -- a horrific experience which gives her nightmares to this day," reports Alliance Defense Fund (ADF) attorney Steven F. Aden.



Hospital administrators also attempted to coerce her into signing an agreement that she participate in future abortions, but the court has refused to apply the conscience-protection amendment, ruling that only the federal government has the right to do so.



"Unfortunately, the Obama administration has now taken the position that it will not enforce rights under the Church Amendment and has tried to set aside regulations passed in the Bush administration to give the Church Amendments more teeth and to protect pro-life healthcare workers," the attorney laments.





Meanwhile, a state court lawsuit in which DeCarlo requests damages is still pending. Aden says ADF will back the nurse until she and other pro-life healthcare workers are vindicated and their right of religious conscience is protected.