Federal Appeals Court Denies Pro-Life Nurse Conscience Protections

From CitizenLink: 

The 2nd U.S. Circuit Court of Appeals ruled today that a pro-life employee has no legal recourse if forced by an employer to assist in an abortion.

Catherina Cenzon-DeCarlo, a former nurse at Mt. Sinai Hospital in New York, said she was forced to participate in an abortion against her will and threatened with disciplinary action if she did not assist in the so-called emergency late-term abortion.

The Alliance Defense Fund, representing DeCarlo, later learned that the abortion was not an emergency and that the patient was not in crisis at the time of the procedure.

When she attempted to sue the hospital, alleging it had violated the federal “Church Amendment,” a lower court ruled that the law does not provide recourse for individuals who experience discrimination.

The amendment was intended to protect health care workers of federally funded businesses from being discriminated against participating in abortions on religious grounds.

Americans United for Life, which filed a friend-of-the-court brief on behalf of more than 19,000 pro-life health care professionals, argued that right of conscience is a fundamental right affirmed by the Founding Fathers and the U.S. Supreme Court.

Matt Bowman, legal counsel for ADF, said pro-life nurses should not be forced to assist in abortions against their beliefs.

“It is illegal, unethical, and a violation of (DeCarlo’s) right of conscience as a devout Catholic to require her to participate in terminating the life of a 22-week pre-born child,” Bowman said. “It was not only wrong, it was needless.”