More on FOCA

The bill does not contain a mandate that Catholic hospitals perform abortion against their mission or that doctors and nurses perform abortions against their consciences. However, the absence of a conscience clause allows regulations to be written to contain such mandates. They will have to be litigated and perhaps allow the courts to "write in" a conscience clause into law. More likely however, the courts will endorse the regulatory mandates because the conscience clause is not in FOCA.

The literal text of the law is not the only matter before us. We have to look at the inevitable consequences of FOCA passed without a conscience clause. Several state laws have such conscience clauses.

When Supreme Court in Roe v Wade overturned every state law it was not mandated that 50 million unborn human children would die as a consequence. They did not know that. We can know the consequences of FOCA passed without a conscience clause. We know that Catholic hospitals, doctors, and nurses will be forced to perform abortions.

To your point, Alexander, if a conscience clause is not required for Catholic hospitals doctors, and nurses to remain free to choose not to perform abortions, why is there such an objection by abortion advocates to its inclusion?