Possible Reversal Of HHS Conscience Rule Spurs Debate Among Abortion Supporters, Opponents

Main Category: Abortion
Also Included In: Sexual Health / STDs;  Women's Health / Gynecology
Article Date: 03 Mar 2009 - 3:00 PDT

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The Obama administration on Friday posted a notice on a federal Web site indicating its intentions to overturn the HHS provider "conscience" rule, a move that "triggered an immediate political storm" and demonstrated "the difficulties the president faces in his effort to find common ground on anything related to the explosive issue of abortion," the Washington Post reports. The rule, which President George W. Bush's administration enacted shortly before the end of his term, prohibits federal funding to health entities that do not accommodate workers who refuse to provide health services or information they object to on moral or religious grounds (Stein, Washington Post, 2/28). Supporters of the regulation claim that it protects health workers who object to providing certain services, such as prescribing birth control. However, opponents contend that the new conscience rule creates obstacles for women attempting to access family planning services and other health care. Opponents also note that the Civil Rights Act of 1964 already protects health workers from discrimination based on religious beliefs (Stout, New York Times, 2/28). According to CQ HealthBeat, administration officials, speaking on condition of anonymity, said that HHS will give official notice of the reversal this week, after which a 30-day public comment period could begin (Bettelheim, CQ HealthBeat, 2/27).

According to an HHS official, Obama supports a "tightly written" provision, adding, "While we are concerned about the Bush rule, we also understand there might be a need to clarify existing laws" (Alonso-Zaldivar, AP/Boston Herald, 2/27). An HHS official, who spoke on condition of anonymity, said the administration has "been concerned that the way the Bush rule is written, it could make it harder for women to get the care they need." The official added, "We recognize and understand that some providers have objections to providing abortions. We want to ensure that current law protects them. But the Bush rule goes beyond current law and seems to have upset the balance."

According to officials, the administration remains committed to seeking common ground on the proposal, though they acknowledged that this might not be possible, the Post reports. "We recognize we are not going to be able to agree on every issue," an administration official, who also spoke on condition of anonymity, said. The official added, "But there remains a substantive area of common ground, and we continue to believe we can make progress and will make progress." According to the Post, some observers have predicted that the administration will create a narrower regulation that protects health workers who oppose abortion while also ensuring access to other types of care. Rachel Laser, culture program director at Third Way, a group working to find common ground on a range of controversial issues, said, "If the president kept in place the conscience clause in regard to abortion but reversed it in regard to birth control, most Americans would agree that's common ground."

Joel Hunter, senior pastor of the Northland Church in Longwood, Fla., and member of Obama's Advisory Council on Faith-Based and Neighborhood Partnerships, said Obama's action to reverse the rule would "be a political hit for the administration." He added, "This will be one of those things that kind of says, 'I knew it. They talk about common ground, but really what they want is their own way.'" Frank Page, former president of the Southern Baptist Convention and another member of Obama's faith council, said that he believed the conscience rule "was as good as one could find in terms of seeking and securing common ground" (Washington Post, 2/28). Tom McClusky, vice president of the antiabortion-rights group Family Research Council, said overturning the HHS rule "would be a horrible move." He said the regulations "were a long time coming," adding that they "protect patients, nurses, doctors and other health care professionals from being forced to violate their consciences" (AP/Boston Herald, 2/27).

Family planning groups and reproductive rights advocates praised the move toward overturning the regulation. Rep. Diana DeGette (D-Colo.), who has introduced legislation to reverse the rule, said the Obama administration "is taking the right step forward to rescind this misguided rule" (Washington Post, 2/28). DeGette added that Bush's rule "was actually a poorly drafted, last-minute attempt to restrict health care access, and I think it would have had far-reaching and unintended consequences" (AP/Boston Herald, 2/27). Although some family planning groups have said that they might consider a compromise on the conscience rule, others say that no regulation is needed. Marcia Greenberger, co-president of the National Women's Law Center, said she is "skeptical" about any attempts to create compromise in the HHS rule. She said, "Our general feeling is this was an area that does not cry out for further clarification" (Washington Post, 2/28).

Broadcast Coverage
MSNBC's "Rachel Maddow Show" on Friday reported on the Obama administrations intention to reverse the rule (Maddow, "Rachel Maddow Show," MSNBC, 2/27).

NPR's "All Things Considered" on Friday also reported on the rule (Rovner, "All Things Considered," NPR, 2/27).

Reprinted with kind permission from http://www.nationalpartnership.org. You can view the entire Daily Women's Health Policy Report, search the archives, or sign up for email delivery here. The Daily Women's Health Policy Report is a free service of the National Partnership for Women & Families, published by The Advisory Board Company.

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