CHAPTER III The Conscience Clause Issues
14. Doe vs. Bridgeton Hospital Association, Docket No
L-3I989-7 2, Superior Court of New Jersey, Law Division IO-7-74
15. Health Programs Extension Act, P.L. 93-45; 42 U.S.C.
#291 et seq.
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16. Watkins vs. Mercy Medical Center, et. al. , 364- F Supp. 799 (D." Idaho, 1973)
17. Doe et al. vs. Beilin Memorial Hospital, et a l . No. 73C 230 (7th Cir 1973)
18. Morin vs. Alexian Brothers Hospital, C-73-0892 (N.D.) 19. Chrisman -vs. Sisters of St. Joseph of Peace. 72-3087
(C.A. 9, 11-21-75)
20. 52 U.S.C. #501(b); Cf. p. 2 k
21. Atlantic Department Stores. Inc. vs. State*s Attorney 323A 2nd 617 (Maryland, 8-9-7^)
22. The dilemma of a voluntary hospital which is not denominational hut which may decline to participate in abortion for religious or other reasons remains for the most part untested and unresolved.
23. The Dept, of Health, Education and Welfare is the federal agency which is the final source of
authority for all health-related regulations.
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CHAPTER IV^
Findings and Implications
Attitude Survey Findings
A survey was implemented to help determine the attitudes of hospitals in the metropolitan area toward abortion, if they considered abortion procedure a moral issue. It was further hoped that compliance with the law could also be measured. Of the total questionnaires
mailed, thirty five (30$) were returned within a week from the date of mailing. It is believed that 20$ response is acceptable for such a study. Perhaps the nature of the questionnaire was the cause for the great response.
Question (1) of the questionnaire simply dealt with hospital class.
Not for Profit ^
Not for Profit, Religious 20
Proprietary 3
Questions (2) through (6) dealt with hospital attitudes toward abortion.
Question (2) had a 72$ "Yes" response, indicating that hospitals believe the decision to perform abortion should be left to the medical field.
Questions (3) revealed'that 100$ of the hospitals felt a thorough investigation should precede any per
formance of an abortion. (This is an indication that 37$
57$
6$
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hospitals are not in favor of the quick abortion.) Question W brought to light that 71$ of the
hospitals responding feel society is making abortion . easy and promoting it.
Question (5) revealed that 86$ of the hospitals dealt with abortions outside the usual duties of their hospital.
Question (6) revealed that 75$ of those responding were against the Supreme Court rulings of 1973*
Questions (7) and (8) were aimed at finding if hospitals actually performed abortions and, if they did, under whatgrounds.
Question (7) revealed that 77$ of the hospitals responding believed they have the right to refuse to per
form abortions if they are not on purely medical grounds.
Question(8) followed question (7) by asserting that 77$ of them do not perform abortions except for medical grounds.
Questions (9) and (10) attempt to show whether hospitals believe abortion procedure is a moral issue as well as a civil issue, and, in addition, if they do so believe, would they refuse to perform the abortion on those grounds.
Question (9) brought 91$ response that abortion is as much a moral issue as it is a civil issue.
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Question (10) however revealed that only 77f o of the hospitals responding agreed that they would reject and refuse to perform an abortion based on moral grounds.
A footnote to this survey is that hospital class (not for profit; not for profit, religious; and proprietary) was not a factor in their answers.
Summation
Whether an individual man regards abortion as a moral question or a medical problem, the fact remains that
for men in society it must always be ultimately resolved as a legal issue. The problem is a massive one and in
volves many dilemmas whose suggested solutions appear to be contradictory rather than simply different.
Beyond the concrete elements of any abortion deci
sion there exists a frustratingly large number of less
tangible questions that touch upon the very meaning of man's existence. For example, the "abortion question" directly involves religious questions relating to man's spirit (soul) and the value of his life, both in itself and in conflict with others, its solution depends upon conceptual answers to bio-philosophical questions on just when life really begins and to medical-moral questions as to what he may or should do about its beginnings.
While individuals have arrived at answers satis
fying to themselves, men, as in society, have not.
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When answers to questions of value become defined, they are given legal expression in the form of rights. It is the task of statutory and case law to ensure those rights when they are agreed upon by most, and to mediate their exercise when there is endemic disagreement, or when contrary rights are in potential conflict and deprivation.
Yesterday the law gave special emphasis to the rights of the fetus to existence and restricted the rights of its mother whenever they were in conflict.
Today the courts have ruled that, in effect, the fetus is without legal rights or recourse, and have enhanced the rights of a pregnant woman, subject only to limitations related to her own well-being.
Tomorrow the courts will be called upon to mediate another dilemma in which rights are in genuine conflict, the subject matter of this study. They must choose where to place the higher value; on the right of a pregnant woman to have an abortion at the health facility of her choice and/or convenience, or on the right of a voluntary denominational hospital to manage its own affairs within the context of its moral and religious beliefs.
This study has attempted to answer these questions by learning how hospitals today deal with the issue. The only conclusion to be drawn is that most hospitals' atti
tudes are not in favor of the performance of abortion.
It was also learned that the majority do not perform
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abortions in their hospitals. They maintain that, as
previously stated, it is something that must be solved not only in civil courts, but also on a moral basis.
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ATTITUDE SURVEY
In order to present a true direction of the
abortion issue, it was determined that a measure of atti
tudes of how hospitals treat this issue was necessary.
As a result, a survey was implemented.
Method
A ten-question survey questionnaire was prepared and sent to all hospitals in the metropolitan New York area. One hundred fifty copies of the survey were ran
domly mailed to all hospitals in the area. A return envelope was enclosed with each questionnaire.
(See Appendix A)
An instruction sheet accompanied the questionnaire.
This sheet described the purpose of the study and instruc
tions for completing the form.
Purpose
There were three purposes to the study. To deter
mine attitudes toward the performance of abortions. In addition, it was aimed at discovering if hospitals in the area are actually performing abortions, in compliance with the law. And, finally, to learn if hospitals felt that abortions were also a moral issue.
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The instructions for completing the questionnaire included: