Lorna Jose-Mendoza |
Nurses who object to participating in the life-ending abortion procedures that are scheduled at a New Jersey hospital have been victorious in a court battle, with the hospital agreeing it will not force them to help with those cases.
The Alliance Defense Fund has been representing about a dozen nurses at the University of Medicine and Dentistry of New Jersey since the hospital demanded that nurses participate in abortions – in violation of state and federal law.
But in a court hearing yesterday, the hospital agreed it will not force nurses who object to do those procedures.
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"No pro-life medical personnel should be forced to assist or train in services related to abortions. The hospital has finally done the right thing in agreeing to obey the law and not force our clients to do any work on abortion cases in violation of their beliefs," said ADF Legal Counsel Matt Bowman, who represented the nurses before the court yesterday. "The hospital agreed not to penalize our clients in any way because they choose not to participate in abortion according to their legal rights."
ADF reported the hospital also agreed not to replace the pro-life nurses or reduce their hours, while the nurses affirmed that if a woman suffers a true emergency from an abortion, they will help protect her until other staff, such as the emergency team, can arrive.
But ADF said because the abortions are all elective outpatient surgeries, and the court is requiring the hospital to fully staff all abortion cases with non-objecting medical personnel, the pro-life nurses never should be needed in any such case.
The judge also warned the hospital that the nurses can return to court if the hospital managers create penalties for them, assign them work on abortions or "pretextually" try to require them to help with abortions.
ADF said federal law doesn't allow hospitals that receive certain federal funds to force employees to participate in abortions, and UMDNJ gets some $60 million in federal health funds annually.
Further, the state law in New Jersey says, "No person shall be required to perform or assist in the performance of an abortion or sterilization."
The case brought by ADF against the hospital does not conclude with the hospital's agreement to follow the law, as it also seeks an order that the hospital return part of the federal taxpayer money it has received in light of its violation of federal conscience laws.
It was Judge Jose Linares who earlier stepped in at the request of ADF, issuing a temporary order that the hospital could not require "the named plaintiffs from undergoing any training, procedures or performances relating to abortions pending the court's determination on the merits."
Further, he ordered at the time that the hospital could not discriminate "in the employment, promotion, or termination of employment of, or in the extension of staff or other privileges to the named plaintiffs based on any of the plaintiffs' refusal to undergo training, procedures or performances relating to abortions."
The issue recently got the attention of U.S. Rep. Christopher Smith, R-N.M.
"We're talking about coercion here," he told "Fox News & Commentary." "This is an outrage – to coerce nurses or any health care professional to be involved either pre-op or during the commission of an abortion is against federal and state law."
The dispute arose when the hospital wanted to require nurses in the Same Day Surgery Unit to be trained in and assist in abortions – no matter their religious beliefs.
ADF said the hospital has threatened the nurses with termination if they refuse, even though they consider abortion, as the U.S. Supreme Court wrote, "an act of violence against innocent human life."
"No [fewer] than 12 nurses have encountered threats to their jobs at this hospital ever since [this] policy change," said ADF legal counsel Matt Bowman. "That is flatly illegal."
ADF documented that it was in September when the hospital began a policy change and informed staff members of the Same Day Surgery Unit that they would have to help with abortions. It offered termination from their jobs as the alternative.
One nurse objected to helping with abortions on the grounds of her religious beliefs, but a supervisor responded that the hospital has "no regard for religious beliefs" like those.
The case, being handled locally by ADF attorney Demetrios K. Stratis, is on behalf of Sharon L. Danquah, Beryl Otieno-Ngoje, Jacqueline DeSeo, Marites Linaac, Milagros Mananquil, Julita T. Ching, Cristina Abad, Lorna Jose-Mendoza, Virna Balasa, Ossie Taylor, Ronette Habaradas and Fe Esperanza R. Vinoya.
It names the University of Medicine and Dentistry of New Jersey's board of trustees, its members, acting hospital President James Gonzalez, Chief Medical Officer Suzanne Atkin and others.