The US Health & Human Services Office for Civil Rights opened an investigation into Presbyterian Hospital's reported attempts to force ultrasound technicians to participate in abortions.
(LifeSiteNews) — The U.S. Department of Health & Human Services (HHS) Office for Civil Rights (OCR) opened an investigation into a New Mexico hospital attempting to force medical staff to participate in abortions.
Last year, Presbyterian Hospital changed its religious accommodation policy to require ultrasound technicians to assist in abortion procedures. Several sought exemptions, and when those were not acted upon, they turned to the American Center for Law & Justice for help. ACLJ sent a letter warning the hospital that its new policy was in violation of Title VII of the federal Civil Rights Act of 1964 and the Church Amendments, which protect the religious freedom of health workers.
On Monday, OCR announced it was opening a compliance review of Presbyterian Hospital based on the allegations to “examine whether the hospital, which is part of a larger health care system, accommodates its health care personnel who decline to perform or assist in the performance of abortion procedures contrary to their religious beliefs or moral convictions.”
“The Department is committed to enforcement of our nation’s laws that safeguard the fundamental rights of conscience and religious exercise,” acting OCR director Anthony Archeval said. “Health care professionals should not be coerced into, fired for, or driven out of the profession for declining to perform procedures that Federal law says they do not have to perform based on their religious beliefs or moral convictions.”
“This kind of enforcement action is both rare and significant. It sends a powerful message to healthcare institutions across the country: You cannot force medical professionals to choose between their careers and their faith,” ACLJ’s Jordan Sekulow responded. “We commend the Trump Administration for taking this issue seriously and moving to protect religious liberty in the healthcare context.”
In August 2022, the Biden administration filed a lawsuit claiming that the federal Emergency Medical Treatment & Active Labor Act (EMTALA) required emergency room doctors to commit abortions that would otherwise be illegal under state law. A lower court sided with the White House, prompting the U.S. Supreme Court to take the case and allow Idaho to continue to enforce its pro-life laws until it is resolved.
Idaho and its allies accused the administration of misreading and misapplying EMTALA in numerous ways, including that the law does not require procedures that violate state law, does not mandate services a particular hospital does not offer, and in fact requires hospitals to provide care for pre-born children. Last June, however, the U.S. Supreme Court decided 6-3 to dismiss the “improvidently granted” challenges and leave in place the lower ruling that the abortions be allowed to continue until the lower courts reached a decision.
In March, the Trump Justice Department moved to drop the case, ending the federal government’s efforts to force health workers to participate in abortions.
Meanwhile, the Supreme Court is currently considering whether states have the ability to prevent taxpayers from being forced to support the abortion industry through Medicaid programs.
