Judge halts plans to force nurses to do abortions

Lorna Jose-Mendoza

A federal judge has ruled a New Jersey hospital cannot force its nurses to assist in abortions, nor can it discriminate against them in any way, until the merits of the dispute over such a requirement can be argued in court.

WND reported earlier this week that 12 nurses at the University of Medicine and Dentistry of New Jersey went to court because they had been told either to assist in abortions – whether their religious beliefs allowed it or not – or lose their jobs.

The ruling came today from Judge Jose Linares, who noted that the hospital had agreed to the restraints, and the issue will be argued in a hearing scheduled for Nov. 18.

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Linares said the defendants were ordered not to 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 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."

Officials with the Alliance Defense Fund, who brought the case on behalf of the nurses, said both state and federal laws protect the nurses from being ordered to participate in medical activities related to abortions.

But before the order, two of the nurses had been scheduled to be trained Friday in the procedures involved in surgical abortions.

"These 12 nurses," said ADF legal counsel Matt Bowman, "have encountered
threats to their jobs at this hospital ever since a policy change required them to participate in the abortion cases regardless of their religious and moral objections. The court's order prevents that until the Nov. 18 hearing, but it is disturbing that the hospital may fight to continue violating laws that clearly protect conscience rights."

The ADF said federal law prohibits hospitals that receive certain federal funds from forcing employees to participate in abortions. UMDNJ receives approximately $60 million in federal health funds annually.

In addition, New Jersey law states, "No person shall be required to perform or assist in the performance of an abortion or sterilization."

The lawsuit seeks an order that the hospital follow the limits. It also requests an order that the hospital return part of the federal taxpayer money – it could be in the millions – it has received in light of its violation of federal conscience laws.

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The 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.

But as the nurses believe that the process is "an act of violence against innocent human life," as the U.S. Supreme Court opined, they continued to resist, the ADF said.

The ADF said nurse Lorna Jose-Mendoze had been scheduled to assist with abortions starting Friday, even though it violates her religious beliefs.

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 and Suzanne Atkin, chief medical officer there, and others.

"UMDNJ's coercion of the nurses is a blatant violation of federal and state law,
which explicitly prohibit UMDNJ from penalizing employees including plaintiffs because they object to assisting abortions," the lawsuit explained.

"The nurses ask the court to declare their rights under law and enjoin UMDNJ
from continuing to mandate that they or similarly situated employees assist in abortions.

"Because
UMDNJ's federal tax funding is also conditioned on UMDNJ not discriminating against
employees' civil rights when they object to assisting abortions, the nurses also seek an order
requiring UMDNJ to disgorge the nearly $60 million in federal health funding that it received in
2011, and an order requiring that UMDNJ be disqualified from receiving additional federal
health funding unless and until it demonstrates compliance by ceasing its illegal coercion to assist abortions," said the complaint.

"Since implementation of defendants' policy began in October 2011, defendants
have already forced several of the nurses to undergo training to assist abortions by threatening them with termination if they did not assist," the case explained. "In particular, defendants' assignment of Ms. Danquah to train for abortions
occurred without advance warning or notice to her. She was first informed when she arrived for
her regular morning shift on October 28, 2011."