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 Official Newspaper of the Catholic Diocese of Green Bay, WisconsinMarch 14, 2003 Issue 

Bill protects moral right to refusal

Health care workers may decline to perform acts they deem unethical


The Wisconsin Catholic Conference has urged legislators to support a bill that expands the ability of health care workers to refuse to perform acts that violate their moral and ethical views.

"Catholics believe that the conscience is the most secret core and sanctuary of the human person," Kathy Markeland, WCC associate director, told the Assembly Committee on Labor.

Current law allows a medical professional to decline to participate in an abortion or sterilization. However, the law does not specifically refer to assisted suicide, euthanasia, and destruction of human embryos, which also involve the taking of human life.

Bill expands current law

Assembly Bill 67, sponsored by Rep. Jean Hundertmark and others, broadens the scope of procedures that a person may object to. The bill also specifies that pharmacists and other professionals not specifically mentioned in current law may decline to participate in procedures they deem immoral.

"Over time, technology and human progress present people with new challenges and questions," Markeland said. "Each generation confronts anew the choice between opting for that which we regard as good and avoiding that which we regard as evil. As science furthers our understanding of the human body, we encounter new ethical and moral concerns particularly at the beginning and the end of life.

"The Catholic tradition calls followers to refuse to cooperate in actions that have the effect of destroying or demeaning human life," Markeland said. "Cooperation in immoral acts cannot be justified by invoking respect for the freedom of others or by appealing to the fact that civil law permits the act or even requires it. Rather, the law may not compel people to act contrary to their conscience."

Exercise conscience

Markeland also noted that citizens are allowed to exercise a conscientious objection to military service.

"Our nation recognizes an individual's right to object to participate in the taking of human life even when the state has declared an urgent and pressing need for such an action to benefit the common good," she said. "Why then, should we be any less respectful of the right of a health care worker, who is sworn to protect life, to refuse to take part in an action that they in conscience believe to be contrary to that commitment?"

Law supports freedom

Legality does not make something moral, she said.

"A law that respects the right of an individual not to take part in an act that he or she deems immoral does not erode freedom. Rather such a law serves freedom. It is only when we compel an individual to act contrary to their conscience that we undermine our personal freedom," Markeland said.

Wisconsin Right to Life also testified for the bill.

Opponents said the bill could hinder access to birth control and compliance with advance directives for health care.

The committee will meet at some future date to consider taking action on the proposal.


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