And I make a brief argument in my piece in the LA Times yesterday in the context of the ACLU suing Mercy Hospital for refusing to do it.
Here’s a snippet:
Our liberty-centered culture has tried to make space for multiple value systems. Indeed, in his ground-breaking opinion legalizing same-sex marriage in all 50 states, Justice Anthony M. Kennedy began by insisting the Constitution protects the liberty of all persons “to define and express their identity.”
This is especially true when it comes to a value-laden and professional practice like healthcare.
Alarmingly, this understanding of medicine is coming under tremendous pressure from what Mark Mercurio, a professor of pediatrics and ethics at Yale University’s medical school, calls “the Burger King model.” Instead of medicine being treated as a profession governed by internal norms and values, it’s increasingly seen as market-based, with patients as customers who come in and “Have It Their Way.”
This model is at the heart of those who believe Catholic hospitals ought to be forced to tie the tubes of their patients. On this view, a hospital denying someone’s request for a tubal ligation would be just as strange as a Burger King denying requests for Whoppers with no onions.
These kinds of issues and legal challenges are not going away, and we need to do a better job of responding to them in ways our current culture can hear.