Monday, December 10, 2012

Lame Duck Sprinting


Stop me if you’ve heard this one: A lame duck walks into an abortion clinic and says, “Your door frames aren’t wide enough. You need to shut down this clinic.” The doctor on staff says, “Is this a joke?” The duck replies, “No, this is religious freedom.”

Michigan House Bill 5711 is just one of a series of bills passing through the Michigan legislature in the name of religious freedom. How does the size of a doorway relate to the ability to practice one’s religion? Well, it depends on the location of the doorway: If it’s in an abortion clinic, then, apparently, it has everything to do with religious freedom. HB5711 will:

Regulate abortion clinics as surgical centers by imposing strict physical building requirements on them, such as minimum doorway sizes and minimum square footage. The regulations could effectively shut down some clinics in the state (Bassett).

The bill also, “includes a provision that ends telemedicine abortions, which are commonly used by women in rural and medically under-served areas of the state” (Bassett). Planned Parenthood Advocates of Michigan claims that 21 of 83 Michigan counties have no local obstetrician-gynecologists, “so telemedicine allows doctors to prescribe medication abortions to women in early stages of pregnancies through a phone or internet consultation” (Bassett). Most startling about this legislation is that, just last July, a bill expanding telehealth services easily passed through both houses and was signed by the governor (Bassett, Perna). So, it’s not that telehealth services are bad overall; they’re just bad when it comes to women’s reproductive rights.

If HB5711 wasn’t so funny, maybe this one will be: A doctor informs a rape victim that the rape resulted in a pregnancy. The woman wants an abortion, but is informed that her insurance (in fact, no insurance plan in the state) will cover the surgery. The woman cries, “But abortion is legal!” The insurance company responds, “Yes, and so is religious freedom.”


Prevent all insurance plans in Michigan from covering abortion unless a woman would die without the procedure. The measures do not include exceptions for rape, incest or pregnancy complications that would jeopardize the mother’s health. Private insurance companies will be given the option to carry a separate abortion coverage policy that the woman would have to pay for in addition to her regular coverage (Bassett).

Never mind who gets nominated to the Supreme Court; abortion doesn’t need to be outlawed outright. In Michigan, piece by piece, access to abortion can simply be stripped away: Strapping clinics with unnecessary regulations, banning telemedicine abortions in areas where face-to-face medical access is logistically hampered, preventing insurance companies from covering abortion. In the end, it doesn’t matter if it’s legal because if there are enough hurdles, abortion will, in effect, be illegal.

Okay, let’s try one more: A gay man walks into a public university counseling office seeking counsel on his relationship with his boyfriend. The counselor says, “Sorry, I can’t help you with that. I’ll refer you to someone who approves of your lifestyle.” The gay man says, “Is this a joke?” The counselor says, “No, this is religious freedom.”

If you’re asking yourself why anyone would work at a public university as a counselor and be unwilling to work with clients with different lifestyles, then you’re on the right track. Yet, back in 2009, Democrat Tupac Hunter introduced legislation that would allow college students in psychology, social work, and counseling degree programs to deny counseling services to clients if such services conflicted with their religious or moral views (Ford, “SB 518”). Michigan House Bill 5040, the “Julea Ward Freedom of Conscience Act” passed through the House, then stalled in the Senate (SB 518) (Maynard “Republican Endgame”).

Yet, far from shying away from the Julea Ward bill, just a few days ago, the Senate passed SB 975, the “Religious Liberty and Conscience Protection Act” which allows all persons in the health care field, employers, doctors, nurses, and pharmacists, to deny services based on conscience objections. Most intriguing about this bill is that Michigan already allows health care professionals to opt out of providing abortions. Under this new bill, in cases of life threatening emergencies, health care professionals could not deny service, and, in all cases, they could not deny service based on “individual status” which apparently means sexual preference and race (Gray).

Hmm, so what would this law be allowing providers to opt out of? According to Planned Parenthood Advocates of Michigan, the law uses such broad definition that any service, such as blood transfusions or vaccines, could be denied. Making the law even more threatening is the fact that it applies to whole institutions, not simply individuals: “For example: Some areas of the state only have Catholic hospitals. If they are allowed to refuse certain services, individuals that live in the area will have no other source of care” (Planned Parenthood).

Supporters of this legislation think the opposition is “ridiculous” for suggesting that a doctor might not provide service to an AIDS patient (Gray). After all, all doctors take the Hippocratic Oath. If that’s the case, then why do we need the legislation at all? If doctors are above the pettiness of making lifestyle judgments, what do we need this legislation for? Right, I forgot, this is about protecting religious freedom.

The conscience objection law not only adds another hurdle to abortion and contraception access but also to health care access generally. With this legislation, patients will have to shop for doctors based not only on their geographic location, years in the field, and reputation, but also on their religious and moral preferences, and all of this presumes that they can actually locate a doctor within their area.

What other business gets to record all of your most personal information (disease, pregnancy, drug use, allergies, traumatic events, etc.), then say, “Hmm, my religious beliefs prohibit me from helping you with your problem. Why don’t you try this other doctor?” There is something inherently wrong with this model. Health care is a business designed to serve all consumers because good health is important not only for the individual patient but for society as a whole.

With the pace at which these laws are getting passed through Michigan’s legislature, it is clear that even lame ducks can sprint. They just can’t learn new tricks.

Sources:
“2011 Senate Bill 518.” Michigan Votes. Mackinac Center for Public Policy, n.d. Web. 10 Dec. 2012. http://www.michiganvotes.org/2011-SB-518

Bassett, Laura. “Michigan Abortion Legislation Package Moves Forward.” Huffington Post. Huffington Post, 6 Dec. 2012. Web. 10 Dec. 2012. http://www.huffingtonpost.com/2012/12/06/michigan-abortion-bills_n_2253380.html?utm_hp_ref=mostpopular

Ford, Zack. “Michigan House Passes Anti-Gay ‘License to Condemn’ Counseling Bill.” Think Progress. Think Progress, 15 Jun. 2012. Web. 10 Dec. 2012. http://thinkprogress.org/lgbt/2012/06/15/500434/michigan-house-passes-anti-gay-license-to-condemn-counseling-bill/?mobile=nc

Gray, Kathleen. “State Senate Approves ‘Moral Objection’ Bill that Would Allow Providers to Deny Health Care.” Detroit Free Press. Detroit Free Press, 6 Dec. 2012. Web. 10 Dec. 2012. http://www.freep.com/article/20121206/NEWS06/121206072

Maynard, Mark. “For those of you who were wondering what the Republican Endgame Would Look Like….” MarkMaynard.com. MarkMaynard.com, 7 Dec. 2012. Web. 10 Dec. 2012. http://markmaynard.com/2012/12/this-is-what-the-republican-endgame-looks-like-womens-rights-gay-rights-public-education-all-being-systematically-dismantled-this-week-in-michigan/comment-page-1/

Maynard, Mark. “New Legislation in Michigan Senate would empower health care workers to discriminate….” MarkMaynard.com. MarkMaynard.com, 4 Dec. 2012. Web. 10 Dec. 2012. http://markmaynard.com/2012/12/new-legislation-in-the-michigan-senate-would-empower-health-care-workers-to-discriminate-on-the-basis-of-sexual-orientation-and-religion/

Perna, Gabriel. “Michigan Governor Signs Telemedicine Bill.” Health Care Informatics. Health Care Informatics, 6 Jul. 2012. Web. 10 Dec. 2012.  http://www.healthcare-informatics.com/news-item/michigan-governor-signs-telemedicine-bill

“Reproductive Legislation in Michigan.” Planned Parenthood Advocates of Michigan. PPAM, n.d. Web. 10 Dec. 2012. http://miplannedparenthood.org/page/reproductive-legislation-michigan

“Rights of Conscience vs. Civil Rights.” Pew Research Center Publications. Pew Research Center, 3 Jun. 2010. Web. 9 Dec. 2012. http://pewresearch.org/pubs/1612/legal-conflict-between-religious-beliefs-and-antidiscrimination-protections-in-health-care

Sands, David. “’Julea Ward’ Bill Passed in Michigan House Allows Religious Counseling Students to Deny Gay Clients.” Huffington Post. Huffington Post, 14 Jun. 2012. Web. 10 Dec. 2012. http://www.huffingtonpost.com/2012/06/14/julea-ward-bill-freedom-of-conscience-act-in-michigan-house-allows-discrimination-against-gay-clients_n_1597658.html

“SB 518. The ‘Julea Ward Freedom of Conscience’ Bill.” MPIPP 3.8. MPIPP, n.d. Web. 10 Dec. 2012. http://www.mpipp.org/Newsletters/newsletter-volume3-number8.htm


No comments:

Post a Comment