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HHS Proposal on Religious Objectors Opposed by Some EEOC Members

By Howard M. Friedman

Today's New York Times reports on the many comment letters that the Department of Health and Human Services has received on its proposed regulations designed to protect conscience rights of doctors and other health care providers participating in programs receiving HHS funding. The regulations apply to those who have moral or religious objections to providing certain medical procedures, including sterilization and abortion. (See prior posting.) Among the many individuals opposing the rule were three officials of the Equal Employment Opportunity Commission: its Republican legal counsel, Reed L. Russell, and two Democratic EEOC members, Stuart J. Ishimaru and Christine M. Griffin. They contend that the new rules are unnecessary in light of existing legal precedent. The Times quotes from the letter submitted by Ishimaru and Griffin which argues that the proposed rules would throw into question from 40 years of court decisions had carefully balanced "employees' rights to religious freedom and employers? business needs." Here is a link to the public submissions on the rule that have been received by HHS.

Full post as published by Religion Clause on November 18, 2008 (boomark / email).