NEWARK, N.J. (CNA)—Federal judge Jose Linares issued a temporary restraining order on Nov. 3 that forbids a New Jersey hospital from forcing 12 nurses to assist with abortions.
“Pro-life nurses shouldn’t be forced to assist or train in services related to abortions. Federal and state law both prohibit this,” said Alliance Defense Fund attorney Matt Bowman.
The court order, which the hospital agreed to, is in effect until a Nov. 18 hearing.
Despite the upcoming hearing, Bowman called it “disturbing” that the hospital “may fight to continue violating laws that clearly protect conscience rights.”
On Oct. 31, the defense fund filed a lawsuit in the U.S. District Court in New Jersey on behalf of a dozen nurses, who currently work at the University of Medicine and Dentistry in New Jersey.
According to Bowman, the hospital violated federal and state law by requiring the nurses to perform abortions against their consciences and threatening to terminate their jobs if they refuse.
“These 12 nurses have encountered threats to their jobs at this hospital ever since a policy change required them to participate in the abortion cases, regardless of their religious and moral objections,” he explained.
Two of the nurses — Lorna Mendoza and Julita Ching — were both scheduled to assist with an abortion on Nov. 4.
According to the court order, hospital officials “are restrained from requiring the named plaintiffs from undergoing any training, procedures or performances relating to abortions pending the court’s determination on the merits regarding the plaintiffs’ Application for a Preliminary Injunction.”
The order also prohibits any “employment discrimination” against the nurses until the situation is resolved.
Nov. 2 story below.
TRENTON, N.J. — Twelve nurses in New Jersey have filed a lawsuit against a local government hospital for being told they would lose their jobs if they refuse to perform abortions.
The case shows evidence of “a systematic attack on the right of pro-life professionals to engage in their careers without being forced to violate their fundamental moral and religious beliefs,” Matt Bowman, attorney for the Alliance Defense Fund, told CNA.
On Oct. 31, the defense fund filed a lawsuit in the U.S. District Court in New Jersey on behalf of the dozen nurses, who currently work at the University of Medicine and Dentistry in New Jersey.
According to Bowman, the hospital has violated federal and state law by requiring the nurses to perform abortions against their consciences and threatening to terminate their jobs if they refuse.
Two of the nurses — Lorna Mendoza and Julita Ching — are both scheduled to assist with an abortion this Friday, Nov. 4.
Bowman said that although the hospital has been performing abortions for many years, nurses had not been forced to assist until the hospital recently passed a policy and put one of the nurses who does abortions in a supervisory position.
Despite hospital officials initially agreeing to meet with the 12 nurses to discuss the issue, Bowman said, the meeting was canceled at the last minute when the nurses arrived with an attorney.
“We are asking the hospital to cease its illegal compulsion immediately,” he said, adding that the hospital is aware of the lawsuit.
“We’re going to ask the court to order the hospital to obey the law and to not violate our clients’ beliefs, and we’re going to ask the court to make the hospital give back the millions of dollars that it’s received in tax money on the promise that it would not force health care personnel to assist abortions.”
Bowman noted that the Alliance Defense Fund is seeing more and more cases of pro-life health care personnel being forced to assist in abortions and other practices that they object to on moral grounds.
“Even though we have federal and state laws in the books that protect them,” the hospital is “blatantly violating the law in an arrogant way,” he said.
The attorney said the situation is becoming more common in the U.S., with medical workers’ conscience protections being increasingly disregarded.
“This case shows that there is a rampant crisis in which entities — that are getting tens and even hundreds of millions of dollars from the federal government — are violating public trust by forcing health care personnel to participate in abortions against their religious beliefs. ”
Update, Nov. 3, 2011: LifeNews.com reported that a federal judge issued a temporary restraining order Thursday prohibiting a New Jersey hospital from forcing any of 12 nurses that sued the facility to participate in training or services related to abortions.
Edward Pentin: Images of Rome's 2013 March for Life
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First the courts allowed hospitals to murder children, then mandated they do so. First people could opt out, but are now mandated. I believe that the courts, which previously allowed people to file a case and receive justice will soon not “hear” cases like this. The dictatorship of relitivism continues to advance to the point that martydom (in this case, financial), is the only route left to keeping the commandments of God.
Where is the American Medical Association in all this? In 1859 they decried the abortion laws in effect at the time, which largely found abortion criminal only after “quickening:”
After taking this position, all the states eventually outlawed abortion, thus capping a history of abortion law generally (if sometimes sluggishly) keeping pace with the development of medical knowledge. Sadly, such a statement from the AMA today would be just as relevant and accurate as it was 150 years ago, for in the middle of the last century, unprompted by any development in medical knowledge whatsoever, abortion law was changed again to suit other purposes and other persons, and in legal and logical terms backs us up even before the laws with “grave defects” that were dismantled in the nineteenth century - an instant 200+ year digression. Where are you today AMA? Why aren’t you standing up for those you supposedly represent who agree with the only position you’ve ever taken on the matter of abortion?
This is one of the reasons why I fear entering into the medical profession. They cry that they need doctors and nurses and then they do things like this. Oh well, I guess I’ll join the ranks of the white martyrs which are going to swell as this evil insanity progresses.
People have a right to their moral conscience. I believe that abortion is against God. It is killing a human child. I would refuse to assist in an abortion - job or no job, come hell or high water.
Please do not suggest the AMA represents American doctors. Only 17% of American physicians belong to the AMA. As a Catholic family physician, I quit my membership years ago because the AMA was geared towards the interests of specialists and had very little interest in quality primary care. The Catholic Medical Association provides support for all medical professionals to practice medicine in accord with Catholic principles. They have released statements regularly addressing these issues.
Where is the ACLU to defend these nurses?
This is the reward for Catholics voting for Democrats. The Party of Death regards abortion and euthanasia as a sacrament. They are hell bent on ramming abortion down everyone’s throat. Things would change fast if the Democrat Party never received a single Catholic vote.
Att: Board of Trustees
University of Medicine and Dentistry of New Jersey
65 Bergen Street
Newark, NJ 07107-3001
RE: SHARON L. DANQUAH, et al v. UMDNJ, et al
Case Number: 2:33-av-00001
Document Number: 13251___________________
To the Board of Trustees:
I am shocked and deeply concerned over the above mentioned case. UMDNJ’s coercion of the Nurses is a blatant violation of federal and state law, UMDNJ is a State-sponsored institution and should not dictate habits and morals to their employees.
There are no exceptions to the Church Amendment allowing an entity such as UMDNJ to sometimes discriminate against employees when they have religious objections to assisting abortions or related health services.
I will be watching this case closely. In the meantime, I will not support, recommend or utilize your institution in any manner.
Sincerely,
Mary-Anne Delaney
Sent via email to: .(JavaScript must be enabled to view this email address) and regular mail
cc: Gov. Chris Christie http://www.state.nj.us/governor/contact/
Senator Frank Lautenberg http://lautenberg.senate.gov/contact/index1.cfm
Senator Robert Menendez http://menendez.senate.gov/contact/
Senator Donald Norcross .(JavaScript must be enabled to view this email address)
Congressman Robert Andrews: http://www.house.gov/andrews/contact_form_za.shtml
Assemblyman Angel Fuentes .(JavaScript must be enabled to view this email address)
Assemblyman Gilbert Wilson .(JavaScript must be enabled to view this email address)
Demetrios K. Stratis, Attorney for Plaintiffs http://www.stratislaw.com/contact.htm
Steven H. Aden, Alliance Defense Fund .(JavaScript must be enabled to view this email address)
Matthew S. Bowman, Alliance Defense Fund .(JavaScript must be enabled to view this email address)
Catherine Glenn Foster, Alliance Defense Fund .(JavaScript must be enabled to view this email address)
I studied medical billing and coding for five years and fought tooth and nail for pro life protections even in 2007 (and paid for it dearly in class). I am now totally eliminating any possibility.
I should also add trying to work in retail and avoid working on Saturday nights (for the vigil mass) and Sundays (especially during the holidays) is making it almost impossible. And that doesn’t even take into account my poor ankle.
It would seem that, until now, the hospital has not “coerced” nurses to carry out these duties. “although the hospital has been performing abortions for many years, nurses had not been forced to assist”, which is considerate, really. “until the hospital recently passed a policy and put one of the nurses who does abortions in a supervisory position.” Sadly, this makes no grammatical sense. The policy is…..? The nurse “who does abortions” is now saying these nurses must assist with abortions? Or, is this hospital policy? None of this is clear. Anyway, employees are required to carry out the duties they are paid to carry out. They are not required to make “moral” decisions about what they will, or will not do. If they do not like the job, it’s really easy- resign. Clear consciences. Or, they could attempt to change the policy. No-one is “dictating habits and morals”. Nurses and Doctors follow a code of ethics. If this conflicts with their moral perspectives, I suggest that they resign. We cannot really provide public services, then have the employees make their own moral decisions as to whether or not they will carry out their duties.
Mary-Anne,
Thanks, so much,for posting your letter/email template. I used it to send my own emails of protest and polite complaint to everyone listed above.
May God bless you,
Mary.
The worst shame of this is, even if I won the right to keep my job, I’m not sure I’d want to continue to work there in what likely is a poisoned environment.
Douglas, before you start telling anyone they have to resign based on their employers policy decision, you need to think about what would happen if you resigned from your job. What impact would that have on you personally- do you think it would be easy to find another job, what about your family? Then consider that the reason you are being forced out of your job because your boss is requiring that you perform actions that violate your conscience. The arguement of a days work for a days pay is shallow. Most of us in this conversation have serious objections to abortion and none of us are going to turn away from our moral responsibility to protect life from the earliest stages if conception to natural death.
Douglas, for a start, please be aware that Doctors or a Nurses who perform abortions are breaking their Professional Vows which bind them to protect life from conception to natural death. These Vows are binding even before we introduce the Moral and Divine Laws of God Who is the Author and Giver of Life. It is God and God only Who has a right to take life. The route your Nation has taken of deciding who has a right to live and who must die, is criminal, immoral, barbaric and abominable for a country which prides itself as a Civilized Super Power. For those Doctors and Nurses who are faithful to their Professional Vows and who with to live their Faith by declining to commit these crimes, the Law should protect them, not terrorize them by forcing them to act contrary to their consciences.
i am pro life but work in nursing home and i am required to assist in hospice practices to end life quickly… this it not only an issue for abortion but all LIFE…. and the natural way in birth and death…..
people want an easy way out of their struggles where have we gone. Father forgive us and HELP us…Mary Our Mother guide us ....
Joseph- First of all, I am not “telling” anyone to do anything, unlike many people on this thread, who are very keen to tell others what to do. I merely said that, if it is such an important matter of conscience- resign. Then, your conscience will not cause you a moral dilemma. This would apply to any job where you felt uncomfortable about the conflicts caused between your beliefs and the demands of your job- the army, the police, medicine, teaching etc. I do know- I resigned from my job. I have absolutely no doubt about your integrity, or the strength of your belief. Interestingly, you twist the argument from the “moral” to the “economic”, when it affects your self-interest and lifestyle.
Mary42- well, I’m not sure what “Professional vows” are, but I do understand codes of ethical behavior and the concept of employee contracts and duties. Employees are bound by these, to protect them and the people they serve. Yes, the prolific use of guns, execution and abortion in the USA might well be seen as barbaric. Similar practices occur I other countries. Doctors and nurses are bound by codes of ethics, to which they agree. They are protected by the Law. No-one forces them to agree to the codes, or act against their conscience. If they feel they cannot act as their consciences require, they should seek another job. The nurses have a right to be treated properly, as do patients, without bias, within the framework of the Law.
As to the concepts of “natural” conception, birth and death- well these topics are a whole new debate.
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