Judge allows California challenge to conscience clause law over abortion

Some doctors say the measure protects their First Amendment rights and freedom to decline to perform abortions. Others criticize its lack of an emergency exception.

By Amy Lynn Sorrel, AMNews staff. March 5, 2007.

California can proceed with its challenge of a controversial U.S. statute that strengthens physicians' ability to refuse to perform abortions because of their personal beliefs. A federal judge in January decided not to dismiss the state's lawsuit.

The Weldon Amendment, tucked into the 2005 federal health, education and labor appropriations package, extends "conscience" protections to hospitals and health plans.

Supporters say the measure was necessary because although federal conscience clause law has been on the books for 25 years, some courts have interpreted it as applying only to individuals. This allowed abortion-rights groups to skirt existing rules to force hospitals and health plans to provide and cover the services, and to pressure doctors to perform or refer women for abortions against the physicians' beliefs, proponents say.

The earlier statute and the Weldon measure prohibit federal, state and local agencies from taking action, such as legal or disciplinary measures, against doctors or institutions that opt not to offer abortions. Under both laws, government bodies found in violation risk losing federal health care funding. But the Weldon Amendment expands the penalty to money for education and employment programs.

Forty-six states, including California, have laws that allow doctors to exercise their objections to providing abortions. Only Alabama, New Hampshire, Vermont and West Virginia do not have conscience clauses, according to the Guttmacher Institute, a nonprofit organization that supports abortion rights.