Vanderbilt's abortion clause brings complaints

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http://www.tennessean.com/article/20...0353/1001/NEWS

A Christian legal group filed a civil rights complaint Tuesday against Vanderbilt, alleging that the school's medical center is requiring applicants to its nurse residency program to promise to participate in abortion procedures.

Vanderbilt denies the claim, and two Tennessee legal experts said Vanderbilt appears to be on solid ground.

The Alliance Defense Fund, acting on behalf of an unnamed Mississippi woman applying to the program, says that Vanderbilt's application materials for its summer 2011 nurse residency program violate a federal law that states recipients of federal funds cannot require someone to perform or assist in abortions if it violates his or her religious beliefs or moral convictions.

Applicants to the nursing program's women's health track are required to sign an acknowledgment stating, "I am aware that I may be providing nursing care for women who are having" procedures including terminations of pregnancy.

"It is important that you are aware of this aspect of care and give careful consideration to your ability to provide compassionate care to women in these situations," the acknowledgment states. "If you feel you cannot provide care to women during this type of event, we encourage you to apply to a different track of the Nurse Residency Program to explore opportunities that may best fit your skills and career goals."

The complaint was filed with the federal Department of Health and Human Services Office for Civil Rights. According to an HHS list of the top 50 recipients of discretionary funding, Vanderbilt received $313.6 million in fiscal year 2008, 15th on the list.

"How can you justify asking any medical provider to participate in something they believe to be the unjustified killing of another human being?" said David French, Alliance Defense Fund senior counsel and director of its Columbia-based Center for Academic Freedom. "It's morally reprehensible
The Alliance Defense Fund is a conservative Christian nonprofit organization founded in 1994. Its founders include James Dobson of Focus on the Family.

Vanderbilt University Medical Center spokesman John Howser said the acknowledgment was created to inform applicants that they will be asked to provide care to women who have had, or are seeking, abortions.

It does not mean to suggest that residents with religious or moral objections will be required to participate in the actual procedures, said Howser, who noted that nursing students are not required to sign a similar letter of acknowledgment.

"If you choose to participate (in the nurse residency program), you will be around patients who have had or are seeking terminations, and you may be asked to care for them," Howser said. "It does not say that you are required to participate in performing or in the performance of terminations.''

The nurse residency program at Vanderbilt is a one-year program for recent nursing graduates who are seeking to work at Vanderbilt. The program started in the summer of 2008 and has had 806 residents, including 18 in the women's health track.

Vanderbilt has a long-standing policy that exempts employees, including nurse residents, from participating in activities because of religious beliefs, ethical beliefs or other associated reasons, Howser said.

French said there appears to be an easy fix for the situation: If Vanderbilt has a policy excusing nurse residents and others from participating in activities for religious or moral reasons, why not include that in the application packet as well?

"The issue here is their application materials,'' French said. "You can't create a better way to screen out pro-life applicants if you try. That violates the (federal law) regardless of what-ever policy they might have.''

Howser said the situation may suggest a need to clarify the acknowledgment letter, but he said Vanderbilt learned of the complaint only Tuesday and that it is too soon to say what response there would be, if any.

University of Tennessee law professor Jeffrey Hirsch, who specializes in labor and employment law, said it doesn't look like the Alliance Defense Fund has much of a case.

"To the extent that Vanderbilt is correct in saying they don't make anybody participate in abortions, it doesn't look like they violate that law," Hirsch said.

Steve Mulroy, a University of Memphis law professor specializing in civil rights and civil liberties, agreed.

Mulroy also said it wouldn't hurt for Vanderbilt to be more clear in its application materials, however. "I'm not saying they're legally obligated to," Mulroy said, "but if they're willing to do it, it sounds like that would take care of the issue."

The Alliance Defense Fund has requested that HHS take action in time for Vanderbilt's Jan. 28 deadline for the summer nursing residency.

Discuss this story here: http://www.ultimatenurse.com/forum/f...76/#post134269

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Here's more on the story: http://www.christianpost.com/article/20110112/nursing-student-fights-school-policy-requiring-abortion-pledge/

A nursing student has partnered with a Christian legal defense group in filing a complaint against a Nashville, Tenn., university policy that requires participation in abortion procedures in order to enter its nurse residency program.

Alliance Defense Fund attorneys filed the complaint Tuesday against Vanderbilt University with the U.S. Department of Health and Human Services.

A fourth-year nursing student, whose name was not revealed, is currently at another university but wishes to apply to Vanderbilt’s nurse residency program. The female student, however, is unable to do so because the admission forms require her to promise to participate in abortions.

“Christians and other pro-life members of the medical community shouldn’t be forced to participate in abortions to pursue their profession,” said ADF Legal Counsel Matt Bowman

According to Vanderbilt’s nurse residency application, chosen nurse residents must “care for women undergoing termination of pregnancy. Procedures performed in the Labor and Delivery unit include … terminations of pregnancy ….”

The application encourages those who do not wish to terminate a pregnancy to apply to another program.

“If you feel you cannot provide care to women during this type of event, we encourage you to apply to a different track of the Nurse Residency Program to explore opportunities that may best fit your skills and career goals,” the form reads.

Together, ADF and the student have completed a Civil Rights Discrimination Complaint citing religious grounds.

Law enacted during President George W. Bush’s tenure allows medical personnel to refuse to perform a procedure on grounds of moral conscience.

“Federal law protects them from being required to kill the helpless,” said Bowman.

ADF is currently litigating several cases involving Christians required to act against their conscience.

These cases include a nurse forced to assist in an abortion procedure at New York’s Mt. Sinai Hospital, a student rejected from Eastern Michigan University’s counseling program because she would not agree to affirm homosexual behavior as morally acceptable, and a Centers for Disease Control and Prevention counselor fired because she would not provide counseling that would directly affirm or promote behavior contrary to her religious beliefs.

Bowman contends that the law clearly states that recipients of taxpayer dollars cannot require health care workers to act outside of their moral conscience.

Despite their efforts against the university, the unnamed student still hopes to apply to the program.
In an accompanying letter, the defense group stated that the student “can and is prepared to submit all that the application requires and to fulfill all of the program’s requirements, except only that she has a religious objection to participating in abortions.

The deadline for Vanderbilt’s nurse residency applications is January 28. The firm is looking for HHS to respond promptly to the complaint.