Washington Report: September/October 2006

Women's Health and the Right of Conscience

By Elenora Giddings Ivory

Women who seek birth control prescriptions have recently encountered difficulty at the pharmacy. There have been newspaper accounts of pharmacists who refuse to fill prescriptions because they personally do not believe in this birth control method. They claim their right of conscience to be able to refuse to do something that goes against their religious or ethical beliefs.

The General Assembly of the Presbyterian Church (U.S.A.) has often touched on the issue of the right of conscience when it comes to health care. In 1999, in an overture on the merger of public hospitals with religious hospitals, the General Assembly expressed "its concern about any hospital mergers that may erode access to medical services." A few years earlier in 1991, the General Assembly commented on the Rust v. Sullivan case and recognized the rights and obligations of medical service providers to give patients the full range of information. The rights of conscience can be accommodated on both sides of the service being sought.

We have grown accustomed, since the 1970s, to hearing about the right of conscience in health care when it comes to abortion. Some health care professionals have argued for — and often obtained — the right to refuse to provide medical or social services that conflict with their personal religious, ethical or moral beliefs.

Recently, there have been attempts to expand this right of refusal through what is known as "conscience clauses." Some pharmacists have sought permission to refuse to fill prescriptions for emergency contraception or "morning-after" pills, arguing that such a drug is more than a contraceptive and can, in essence, terminate a pregnancy in its earliest stages. Birth control advocates and others contend that morning-after pills cannot be used to abort an embryo or fetus, and that women have a right to obtain legally prescribed drugs from their pharmacists. We can expect more public debate on this issue.

This matter has brought debate to the courts, legislatures and other institutions weighing religious freedom and the right of conscience against the opportunity for individuals to receive legal health care services as part of their right to privacy and personal autonomy. To fulfill the rights of all parties, public service providers such as pharmacies may need to assure that alternative providers are available to those who seek services. Meanwhile, advocates will argue that fulfilling the oath of medical providers requires that they offer unbiased, non-judgmental and quality health care to all.

Following are excerpts from General Assembly statements on the rights of conscience and access to a full range of reproductive services, including the availability of birth control measures.

• That God alone is Lord of the conscience, and has left it free from the doctrines and commandments of men (applying to all persons) which are in anything contrary to his Word, or beside it, in matters of faith and worship. Therefore, we consider the rights of private judgment, in all matters that respect religion, as universal and unalienable. We do not even wish to see any religious constitution aided by the civil power, further than may be necessary for protection and security, and at the same time, be equal and common to all others. (Book of Order item G-1.0301)
• The protection of religious conscience should not be limited to actions stemming from beliefs shared by all members of one's religious group or to what is required by the creed or order of one's religious group. The right of adults to refuse medical treatment for themselves on religious grounds should be upheld; but not their right to withhold medical care for their minor children when such treatment is deemed necessary to prevent death or permanent injury. Claims of Christian conscience should not be lightly or cynically made, and should be tested to the maximum extent possible by the counsel of the Christian community. (1988 Statement — PC (USA), pp. 555-572; God Alone Is Lord of the Conscience — A Policy Statement and Recommendations Regarding Religious Liberty)
• As members of the Reformed and always reforming church, we resolve to live out our faith through individual and corporate prayer, word, and action by being responsible stewards of our own health, the health of our larger community, and the health of our environment; working for justice, mercy, and human dignity in health services, systems, and policies for everyone, and especially for the historically underserved; encouraging and facilitating communities of care and healing; being responsible, self-giving stewards of health-care resources; modeling health-building policies, practices, and programs. (1995 Statement — PC(USA), pp. 460-462)
• Reaffirm(s) its freedom of choice position in relation to reproductive rights; Reaffirm(s) its concern about the increasing violence directed at counseling centers and against those who work in those centers and the women who use them. (1987 Statement — PC(USA), pp. 580-581)
• That the 203rd General Assembly (1991) condemn the Rust decision as counter to constitutional guarantees of separation of church and state, free speech, and equal protection under the law .... That the 203rd General Assembly (1991) strongly urge[s] Congress of the United States to immediately remove all statutory language in Title X that interferes with the right of physicians to provide complete medical advice, including the legal medical option of abortion; that restricts freedom of speech; and that infringes on the separation of church and state. (1991 Statement — PC (USA), p. 1035)
• Urges legislators at all levels of government to resist attempts to pass an amendment to the Constitution or to call for a Constitutional Convention for the purpose of eliminating the right of individual choice or curtail[ing] contraceptive information and availability. (1979 Statement — PCUS, p. 236)
• ... reaffirms the right of personal choice [and] ... affirms the right of each woman to competent medical care in connection with this choice. (1978 Statement — UPCUSA, p. 67)
• Because of the great diversity in the scientific and theological disciplines as to when life begins, no single religious position should claim universal opinion and become law. If religious freedom of choice is to be maintained, then all acceptable alternatives must be available for competent, moral, and loving choices to be made. (1978 Statement — PCUS, p. 91)

Presbyterians and Usury

By Carolynn Race

At the 217th General Assembly of the Presbyterian Church (U.S.A.) in Birmingham, Alabama, last summer, commissioners approved a report on "A Reformed Understanding of Usury for the Twenty-First Century." The theological rationale of the report reminds readers of the numerous Old and New Testament texts related to the Church's concern for usury.

Exodus 22:25 instructs, "If you lend money to my people, to the poor among you, you shall not deal with them as a creditor; you shall not exact interest from them." In Luke 6:35, Jesus said, "But love your enemies, do good, and lend, expecting nothing in return. Your reward will be great, and you will be children of the Most High; for he is kind to the ungrateful and the wicked." (For more details about the theological rationale, visit Les and look under resolution 09-08.)

How can Presbyterians respond to usury in their own communities? What can we do to respond to the soaring interest rates for sub-prime mortgages, payday loans, and credit card interest rates, particularly in light of what the Bible and Reformed theology say about interest and repayment? In their report on usury, the Assembly called on Presbyterians and related entities to:

Support efforts to provide more effective and less costly financial services to people who are now forced to utilize high-cost alternative financial resources by:

• Partnering with and supporting legitimate, ethical nonprofit organizations that provide both educational and financial services to those not eligible for mainstream services, including participation in the development of community credit unions;
• Partnering with local community organizations that help low-income people learn about resources in the community that can provide them better opportunities for both saving and borrowing;
• Supporting faith-based investor groups that seek to change discriminatory lending practices; and
• Becoming informed about policy recommendations that may help those without lower-cost banking services to locate them.

Support and implement education for financial literacy by:

• Learning what organizations, resources and educational materials are available on the web and in the community;
• Developing or securing appropriate (for age, culture and language) educational materials and/or educational sessions for children, teens, college students, young adults, adults, and seniors to demystify savings, credit and lending and encourage savings and frugal use of credit cards and loans;
• Urging local and state boards of education to make financial literacy a part of the middle and high school curriculum;
• Encouraging church-related colleges, universities and seminaries to offer education in financial management and to discourage credit card promotion on campus; and
• Encouraging Presbyterian publications to make articles on financial literacy part of total stewardship of God-given resources.

Support and implement church-wide education on the ethics of lending by:

• Utilizing this resolution, including its rationale, as a resource to help congregational members consider how Christian faith and ethics provide guidance in the area of banking and lending;
• Inviting members of communities and congregations knowledgeable about banking and lending to help congregational members understand the facts of predatory lending in their communities;
• Encouraging the Presbyterian Publishing Corporation and the General Assembly Mission Council (Congregational Ministries Division) to develop curricular resources to help members understand their Christian responsibilities with respect to lending practices;
• Learning about state and federal laws, public policy recommendations and pending legislation on usury through Web sites such as the Presbyterian Church (U.S.A.) Washington Office and the Center for Responsible Lending;
• Joining a presbytery's or congregation's public policy advocacy group to learn how to impact legislative changes.

Advocate for the change of state and federal policies and legislation that allow lenders to take advantage of either the naïveté or financial plight of borrowers by developing local study/action groups (Presbyterian and ecumenical) with a focus on questionable lending practices.

Advocate for federal and state policies that offer incentives to mainstream financial institutions to make their services available to the population typically underserved and forced into exorbitantly expensive alternative financial services; and that regulate the consumer credit counseling industry.

How has Congress been addressing this issue?

Legislation is pending to cap annual interest rates for loans made specifically to military borrowers at a rate of 36 percent, the usury cap used by many states to prevent loan sharking.

The measure, introduced by Senators Jim Talent (R-Mo.) and Bill Nelson (D-Fla.), passed as an amendment to the Defense Authorization bill in the Senate and is now being debated in conference committee. If approved, military personnel would be protected from payday loans that the Center for Responsible Lending estimates, on average, force borrowers to pay $827 to borrow $339. Learn more about this legislation.

In the U.S. House of Representatives, Representatives Brad Miller (D-NC), Mel Watt (D-N.C.) and Barney Frank (D-Mass.) introduced the Prohibit Predatory Lending Act, H.R. 1182, in 2005. Their bill would tighten existing loopholes and also provide stronger protections for homeowners who are vulnerable to predatory lenders. Learn about their bill.

The Center for Responsible Lending estimates that predatory payday lending practices cost families in the United States at least $3.4 billion annually. Many states have pending legislation on issues related to usury. Learn what is happening in your state.

The Tragedy in Sudan and Darfur

By Catherine Gordon

In June, at the 217th General Assembly of the Presbyterian Church (U.S.A.), two resolutions were passed calling for peace in Sudan and, in particular, in Darfur. The resolution brought by the Presbytery of Trinity and Shenango "encourages all Presbyteries to pray for a just peace for all the people of Sudan; to raise awareness of genocide in Sudan, including Darfur; and to make their voices heard by the leaders of our government."

The second resolution, brought by the Presbytery of the Palisades, calls upon the Presbyterian Church, (U.S.A.) to "take all other steps it may deem appropriate and to bring all reasonable influence to bear on the Sudanese government to take the necessary steps to restore peace, stability, and community in all regions of Sudan, but particularly in the region of Darfur, which has been, and continues to be subject to the extremes of human rights atrocities and genocide."

The ongoing genocide in Darfur began in 2003 when the government of Sudan and its militias, known as the "Janjaweed", began a military campaign against three African peoples in Darfur — the Fur, the Zaghawa, and the Massaleit. This was done in response to rebel groups from Darfur who had been challenging the authority of the Sudanese government in Khartoum.

While the rebel groups are their military opponents, the Janjaweed have targeted the civilian population, driving millions of villagers from their homes, stealing their cattle, destroying wells and burning buildings. Over a half million people have been killed, and, as violence against children and their families continues to grow, villagers are flooding into temporary refugee sites. An estimated 3.4 million people — over 50 percent of the total population in the region — have been affected by the crisis. Over 1.3 million children are living in 200 refugee camps.

On September 9, 2004, President Bush and the U.S. Congress declared that genocide was occurring in the Darfur region of Sudan; however, little has been done since then to stop the atrocities. The situation on the ground is now getting worse as violence continues to mount. Access to the region for humanitarian aid workers has dropped to the lowest levels since the beginning of the conflict and the area is poised for mounting insecurity. According to UNICEF, acute malnutrition has reached 27 percent in some parts of Darfur and health systems are failing. Sexual violence against women and children is as widespread as ever.

Reports indicate that government forces are massing thousands of troops in North Darfur, as part of a plan to stop the activities of rebel groups who have not signed the Darfur Peace Agreement. The government of Sudan claims that this mobilization is a means of ensuring peace but the people of the region are now facing the prospect of a full-blown war. The African union has peacekeeping troops in the region but they have been effectively unable to protect civilians.

On August 31, the United Nations Security Council passed a resolution authorizing the deployment of peacekeepers to Darfur by a vote of twelve in favor and three abstaining (China, Russia, and Qatar). The resolution laid the groundwork for sustained international involvement in Darfur, and the deployment of peacekeepers in the region. It also contained a provision requiring the consent of the Sudanese government.

Recently, Sudan's president, Omar Hassan al-Bashir, threatened to expel African Union troops that have provided inadequate — but at least some — protection for civilians. It appears now that the Sudanese government may accept an extension of the African Union mandate in Darfur beyond September 30; however, President Bashir continues to object to U.N. peacekeepers, who are urgently needed in order to stop the genocide and ensure protection of civilians.

The Bush Administration is pushing for a more robust international intervention. In his speech to the U.N. General Assembly on September 19, President Bush called for the African Union force to be strengthened and demanded the U.N. take control. He also announced that Andrew Natsios, the former director of the U.S. Agency for International Development, will serve as his special envoy for Sudan.

Action Needed

While some action has been taken to address the situation in Darfur, ongoing pressure is needed on our officials to keep their attention on the issue and make them take more effective action to stop the genocide.

Before the November elections people concerned about the crisis are encouraged to meet with their Members of Congress. If your Representatives and Senators have poor records on Darfur, this is the perfect opportunity to educate them on the issues. If they are already leaders for Darfur, it is important that you express your appreciation for their previous. support and urge them to continue their efforts.

The new special envoy, Andrew Natsios, is expected to push for additional U.S. and international funding for security and humanitarian aid in Darfur. Ask your Members of Congress to fully fund these requests.

Learn more information on Darfur. Learn how your member of Congress voted on important Darfur legislation.

Announcements

Ecumenical Advocacy Days 2007

Save the dates March 9-12, 2007, for Ecumenical Advocacy Days, to be held near Washington D.C.

The theme is "And How Are the children?" — a common greeting in some parts of Africa. The program will focus on ssues related to the well-being of children and families worldwide.

Watch the Web site at for information on registering.

Farewell to Carolynn Race

Carolynn Race, who has served the Washington Office as Associate for Domestic Poverty and Environment since August 2002, has announced that she is leaving us in mid-September.

We know you have appreciated her work over these too few years and will miss her in-depth writing and analysis of the issues. We wish her well in the future. Cards and messages sent to the office will be passed along to her.

The position will not go away. Stay tuned for application announcements.