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The Christian Civic League of Maine's Mike Hein calls Pam's House Blend:
"a leading source of radical homosexual propaganda, anti-Christian bigotry, and radical transgender advocacy."

He is "praying that Pam Spaulding will "turn away from her wicked and sinful promotion of homosexual behavior." (CCLM's web site, 10/15/07)


Ex-gay "Christian" activist James Hartline on Pam:
"I have been mocked over and over again by ungodly and unprincipled anti-christian lesbians."
(from "Six Years In Sodom: From The Journal Of James Hartline," 9/4/2006, written from the "homosexual stronghold" of Hillcrest in San Diego).

"Pam is a 'twisted lesbian sister' and an 'embittered lesbian' of the 'self-imposed gutteral experiences of the gay ghetto.'" -- 9/5/2008



Peter LaBarbera of Americans for Truth Against Homosexuality heartily endorses the Blend, calling Pam:

A "vicious anti-Christian lesbian activist."
(Concerned Women for America's radio show [9:15], 1/25/07)

"A nutty lesbian blogger."
(MassResistance radio show [16:25], 2/3/07)


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--Impeach Bush


who monitors yours Bevis ?? Just thought I would drop you a line,so the rest of your life is not wasted.
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Bush Administration 'Right Of Conscience' Regulation May Impact Your Healthcare Treatment

by: Autumn Sandeen

Tue Dec 02, 2008 at 14:30:00 PM EST



Update: The Gay City News has a story up on the concerns of LGBT and HIV/AIDS groups about this rule change. An excerpt from the article is below the fold.
~~~~~~~~~~~~~~~~~~~~

Groups The Los Angeles Times has a piece up this morning entitled Broader medical refusal rule may go far beyond abortion. The subheader for the piece is The Bush administration plans a new 'right of conscience' rule that would allow more workers to refuse more procedures. Critics say it could apply to artificial insemination and birth control. From the piece:

HHS 'Right of Conscience' RegulationThe outgoing Bush administration is planning to announce a broad new 'right of conscience' rule permitting medical facilities, doctors, nurses, pharmacists and other healthcare workers to refuse to participate in any procedure they find morally objectionable, including abortion and possibly even artificial insemination and birth control.

For more than 30 years, federal law has dictated that doctors and nurses may refuse to perform abortions. The new rule would go further by making clear that healthcare workers also may refuse to provide information or advice to patients who might want an abortion.

It also seeks to cover more employees. For example, in addition to a surgeon and a nurse in an operating room, the rule would extend to "an employee whose task it is to clean the instruments," the draft rule said.

...Health and Human Services Department officials said the rule would apply to "any entity" that receives federal funds. It estimated 584,000 entities could be covered, including 4,800 hospitals, 234,000 doctor's offices and 58,000 pharmacies.

Not mentioned is that transsexuals like me might have difficulties receiving hormone prescriptions, or filling hormone prescriptions because of religious convictions of providers.

The August press release on the new rules is here; the proposed rules are here.

These new rules are strongly supported by the Christian Medical Association (CMA) and the U.S. Conference of Catholic Bishops. From the July CMA press release calling for 'right of conscience' regulations:

[Below the fold: CMA and AHA comment on the proposed 'right of conscience' regulations.]

Autumn Sandeen :: Bush Administration 'Right Of Conscience' Regulation May Impact Your Healthcare Treatment
"It's high time that the will of the people, as expressed over the past 35 years through laws passed by Congress, finally be translated into practical healthcare regulations," noted Dr. David Stevens, CEO of the 13,000-member faith-based professional organization of doctors, in a letter today to the Secretary.

"Americans on all sides of controversial issues such as abortion, reproductive technologies and assisted suicide can appreciate the need to protect everyone's First Amendment rights of free speech and religious exercise. That means that healthcare professionals must be free to follow their individual conscientious convictions on these life-and-death matters.

...Dr. Gene Rudd, Executive Vice President of the CMA, noted..."The regulations reportedly under consideration at Health and Human Services apparently would simply protect the right for all healthcare professionals to make professional judgments based on moral convictions and ethical standards. Protecting this right also protects patients who choose their physicians based on life-affirming values."

It doesn't protect those of us who don't pick our physicians base on these "Christian" values, especially because even if we pick a physician based on our values, it doesn't protect those of us who receive objectionable services from the nurses, medical technicians, and staff of our chosen physician, nor does it protect us from pharmacist technicians, pharmacist staff, and pharmacists themselves who don't want treat us because we, our medical conditions, or the treatments for our medical conditions offend them.

The American Medical Association (AMA) and the American Hospital Association (AHA) have come out against these regulations. From the AHA letter on the proposed regulation change:

The definitions of "health care service program" and "health care service," to which an individual can find a moral objection, are very broad and potentially impinge on a patient's access to needed health care services. The preamble states that "health care service program" should be understood to include any activity related in any way to providing medicine, health care, or any other service related to health or wellness, and that "health care service" means any service so provided.

The preamble also defines, very broadly, the types of individuals that may be involved in an objectionable procedure. The preamble provides an example of a health care worker who autoclaves (sterilizes) surgical instruments used in an objectionable procedure as someone that "assists in the performance" and is thereby protected under the provider conscience clause. The preamble language further defines that any activity with a reasonable connection to the objectionable procedure, such as referrals and training, can also be considered objectionable. This broad definition of "assist in the performance" suggests that any individual invoking the conscience clause protections is under no obligation to refer the patient to other practitioners, pharmacists or hospitals from whom the patient could receive care. The AHA objects to any proposal that releases a practitioner, for any reason, from an obligation to provide or assist patients with a referral or other information that would allow the patient to receive needed health care services.

The definitions for objectionable health care services and individuals that assist in objectionable procedures is so broad that hospitals have no reasonable way of planning to ensure that patients have access to the health care services they need. Hospitals and their emergency departments are complex entities; as the proposed rule is written, it would be extremely difficult for hospitals to anticipate all the scenarios under which a health care worker might invoke the provider conscience clause. As a result it would be impossible for hospitals to make the staffing arrangements needed to ensure access to those services. The AHA is concerned that access to services for patients may be significantly hampered by the current definitions of this rule.

This is quite a Bush Administration present for "Christian" and other social conservatives at the expense of patients -- patients like me.

~~~~~
Update: From the Gay City News article Healthcare Faith Opt-Out Sought:

...But one section says that an employer may not "require any individual to perform or assist in the performance of any part of a health service program or research activity funded by the department if such service or activity would be contrary to his religious beliefs or moral convictions."

That language alarmed groups because it may allow employees at healthcare facilities wide latitude in refusing to perform some procedures or serve particular populations.

"If a receptionist doesn't like gay people she could refuse to make an appointment for someone," said Rebecca Fox, national director at the National Coalition for LGBT Health, which represents 65 healthcare organizations.

"It would appear to open the door for sweeping discrimination based on sexual orientation, sexual practice, gender identity and expression, and a host of other conditions," wrote Charles King, president of Housing Works, an AIDS group, in an email. "We are very concerned, for example, of the impact on marginalized groups such as sex workers and drug users." ...

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Can this extend to outright discirimination against felons/minorities?
It seems to me to be a very, very short skip from 'I "morally" disapprove of performing this particular type of procedure' to 'I "morally" disapprove of performing this procedure on this particular person'.

In the case of the artificial insemination of lesbians, it would seem that we're already there, in fact.  This new regulartion sesm overbroad to the point of absurdity.


Christian Medial Assocation? Huh?
What the hell is Christian medicine?  As opposed to what, Jewish medicine?  Muslim medicine?  These damned crackpots never stop trying to co-opt everything in sight.  If there actually is such a thing as "Christian medicine," it must be to "non-christian medicine" as creationism is biophysics and geology.  You'd have to be out of your mind to go to a doctor that practices it.

I am not interested in picking up crumbs of compassion thrown from the table of someone who considers himself my master. I want the full menu of rights.  -Archbishop Desmond Tutu


I want in on this
So if a Doctor/healthcare professional on salary has an issue of "'right of conscience" they could end up doing half their job and get paid full rate.

Sweet!

Dena

Cisgender. Because "Genetic" is so 2006.


[ Parent ]
"Christian" Medicine
"Christian" medicine is the stuff that makes you believe you're perfectly healthy when you have full-blown AIDS.  Ask James Hartline.

Side effects:

* Arrogance
* Hypocrisy
* Overwhelming obsession of homosex
* Fiction becomes truth/Reality becomes a lie
* You won't go to hell


[ Parent ]
Don't forget
The other side effect is Death.

Besser ein ende mit Schrecken als ein Schrecken ohne ende

[ Parent ]
there is supposed to be just "medicine"
because the first subgroup philisophically that I can think of is "Nazi" medicine...

and that worked out so very well for the practitioners at the "Doctor Trials" after WWII....

If they cannot practice on ALL American Citizens, on all of humanity, then they do NOT deserve to practice.

I tell you Chica that no greater abomination exists than women denying their spirit of sisterhood and instead becoming the oppressor. -Rebeca, Universidad Complutense de Madrid


[ Parent ]
"Christian Medical and Dental Assoc'n" is a lobbying group and referral group
Anti-abortion, anti-stem cell, anti-premarital or nonmarital sex, anti-"comprehensive sex education", anti-gay, pro-creationism (!), and pro-expansion of "conscience clause". Their position on married couples' use of contraception is not obvious (they know that a lot of very conservative Protestant Christians use birth control). Transgender issues - unaddressed, to my knowledge.

I have heard many different radio ads of CMDA on conservative Christian radio, and the above list represents topics that have been addressed in the supposedly educational ads. The ads are formatted with the "educational" segment first and a "This message brought to you by CMDA. For more info and to find out about CMDA doctors in your area, call xxx-xxx-xxxx or visit www.xxxxx.org." The CMDA consists primarily of Protestants - the conservative Catholics have their own group.


[ Parent ]
Better starting questioning your physician
In the past I may not have picked my physicians based on reglion or philosophy but I'm gonna have to start.

This is truly one of the worst regulations ever, EVER...  Unbelievable.  I'm usually optimistic about people but this kind of thing really makes me wonder about humans.


afterthought...one question I really wonder about...
What the heck are they gonna do about ERs?  You bring me in on a stretcher, out cold, not able to ask the physician if s/he's a religious bigot... and voila, I die or become permanently maimed because the dr. objects doing my life-saving procedure on moral grounds.

And what's to stop a dr. from having a sudden religious epiphany, conveniently occurring after bringing in an obvious transperson or drag queen or LG or whatever. "Suddenly I knew it was wrong in god's eyes to perform this procedure..." ooops, the pt. died?


[ Parent ]
another pertinent question
If you ask the medical provider about their religious beliefs and then choose another option based on their disclosure are you not then guilty of religious discrimination?

Si Hoc Legere Scis Nimium Eruditionis Habes


[ Parent ]
And what about HMOs or Worker's comp
where you don't have an option to "shop around" for an MD that you are comfortable with and that you trust not to discriminate against you?

[ Parent ]
Only sort of.
When religious beliefs trump patient well-being, is that not also religious discrimination? I require hormonal birth control to be functional and productive through the month. If a doctor's religious beliefs are such that s/he will refuse to renew my prescription, I will not go to that office.  

[ Parent ]
Slippery slope if I ever saw one.
Another Bush administration travesty.

[ Parent ]
How loudly would they cry "Foul!"
If a doctor refused to treat them for a cold because they were Christians?

And yet they wouldn't flinch regardless of how many doctors say "I'm sorry, but I believe AIDS is God's punishment for being gay, so I can't treat you."

watashi no yomeiri wa doko desu ka


This is insanity
As i read this it seems so prone to cause so many problems. I mean the WHAT IF'S are limitless. Not Just for abortion, But for one religions objection to another. Or race objection. It' sheer insanity. Felons,Body tattoos, Attire,Etc.. Let us hope the new Admin and congress will see the danger of allowing religion to impose it's will over government funds.

Nothing like paying your taxes and then be allowed to die in a ER because some Religious doctor or heck even a entire hospital(think of the number of hospitals that are tied to churches) Objects to our not holding their faith ideology. Trans people already have faced this many times. Like in Washington DC. When Emt's failed to give care to a transwoman who died because of lack of care. Now with this legislation they would be perfectly with in their so called legal rights to reject care.

Pain is Inevitable .
Suffering is Optional  


What I'd like to know is
Can't Obama just reverse all this crap once he's sworn in?

Good thing I'm not in the medical field because after this I think I would have to find it morally objectionable to perform any kind of procedure on religious right wing wackos.


No - and Yes
Can't Obama just reverse all this crap once he's sworn in?
If it is an executive order, then yes - no questions asked.

If it is a 'rule' promulgated through formalites set down in the Administrative Procedures Act (which I think this is), then it will take (1) a court ruling; (2) a statute nullifying the rule; or (3) a repealer rule promulgated through the same formalities as the initial rule.

I've heard some chatter about a statute subjecting rules promulgated within a certain number of days of the end of an administration being subject to a special type of Congressional nullification, but I'm not up on it; someone please fill in the details on that.

>^..^<


[ Parent ]
The slippery slope on this overbroad disaster is just too steep
I don't see how this regulation could possibly survive a court challenge.  The problem is that we have to wait to see someone get seriously hurt by this before there can actually be a court challenge.

I wish the us had abstract review.


[ Parent ]
My Wish For The New Year
My wish for the new year is to put all of these "Christians" on an island together.  They can follow their binary custom of two people (one male and one female) from every occupation imaginable.  Then they can all service each other according to the island's rules, which would solely be decided by them upon arrival.  Yes, they would have to deport about 5% of their population every few years (the gays that refuse to live like straights) but they would be so happy then, right?  Isn't this how they view heaven?  Nothing could possibly happen to disrupt their way of life then, right?  Except that even "Christians" disagree with each other, right?  Or don't they?  Maybe it's my mistake.  Maybe they are all carbon copies of each other and always think the same way.  I hate this world.  

Let's try the shoe on the other foot...
I mean, as a taxpayer, paying for cluster bombs goes against my conscience, you know?  And soldiers should get to decide what missions they will undertake.  And so on.

True, but
I believe Doctors take an oath to do no harm.

Dena

Cisgender. Because "Genetic" is so 2006.


[ Parent ]
And that's only enforceable in state court
A promulgated federal rule is equivalent to a federal statute - and would likely be interpreted (well, definitely so by judges installed during the Bush junta) as pre-empting state law.

>^..^<

[ Parent ]
Analogy
Can anyone think of an analogy about this with regard to other professions?  I mean, are there Jehovah's Witness doctors out there who refuse to participate in blood transfusions?  Or do they just not become doctors?  I guess that there is no law that says a doctor has to try to save you, is there?  I thought it was just something they have believed in forever.  Talk about the ultimate God complex (which doctors tend to have already).  Deciding who lives and dies based on your personal moral conviction.  Or who never lives in the case of A.I.

This came out right before the Dem National Convention - and you're just crowing about it NOW?
And I emailed this blog about it so you could get the news out about it and people could actually COMMENT on the ruling and PROTEST it.  Here's the text of the email I sent to tips@phblend.com on 8/23/2008 just after 7:30 in the evening:

"Hi. Frequent reader here.

Have y'all looked at the language contained in the rule change released Thursday 8/21? If you look at p. 36, lines 8-17, it basically states that no program which receives federal funds can compel any person involved in any medical procedure or service to provide that service to someone if doing so is against that person's religious or moral beliefs.

The rule change does respect current federal nondiscrimination statutes.  Sexual orientation, as y'all know, is not a federally protected class.  This rule change does NOT respect state or local nondiscrimination statutes/ordinances.

This could make it very easy for any person or entity to refuse medical service or coverage to someone because of sexual orientation with impunity, and could seriously restrict medical care for gay people in critically underserved rural areas, where providers are few and attitudes trend conservative.

The clause and rule change that contains it are clearly a response to the case Guadalupe Benitez recently won in the California Supreme Court.

I noticed your article on the rule change, but not any coverage of this blank-check clause.  Why not examine this more closely and get the word out?  We need to stand up and protect our right to unrestricted medical care, and not let this sneak by under the radar, lost in the convention hoopla.  Bush clearly wanted this to slip by unnoticed, judging by the timing -- please help make sure that doesn't happen.

I depend on PHB to get out news about my rights. Please don't let me down now.

Thanks."

Where was the outrage then?  Why weren't y'all reporting it then?  That was the time when people should have been pummeling our human rights organizations to comment and scream and to do what we could to block the rule change when people could actually DO something. Now, the comment period is closed and the rule could be finalized at any time.


All the progressive sites I frequent DID publicize it
Particularly the feminist ones. Since this rule is nothing more than an attempt to legalize discrimination against women and LGBT people by medical staff, we were screaming long and loudly about it for months. Senator Clinton led a huge effort in Congress to stop it that unfortunately was not successful.

God save ornery old queens! - kevinchi

[ Parent ]
sorry, I can't catch every email
That's why I (and the baristas) welcome good, detailed diaries on topics for that very reason. This is an extremely important issue, and it definitely deserved time and space, I simply cannot do it all. We have some great diarists/citizen journalists out there and we welcome the opportunity to promote good reporting and commentary to the front page. (The tips@phblend addy is received by me and most of the contributing baristas, btw.)

It's just a reminder that PHB is not a news service, we don't have reporters working 24/7 on LGBT news -  and we aren't paid to do it either. As such, folks should rely on a variety of sources and outlets; there are so many good ones (and not-so-good) out there, so having several in your RSS reader is always a good idea.  


[ Parent ]
Sorry about that - many blogs and news aggregators read equals much confusion about what appeared where.
I thought that this topic had been done already at PHB back in August during the HHS "open comments" time for this rule. Maybe the lesson is "be redundant"?

[ Parent ]
Religious Freedom & Bush's Conscience Clause
I've seen at least one law article that questions how this works with religious freedom. If you cannot discriminate against someone based on their religion, will you in fact be forced to hire people who you know when they are hired will refuse to perform their jobs?

My question
Does this mean that if my pharmacist is a Scientologist, he can refuse to dispense my psych meds?

Once the rule is in place,
I'll be writing all my doctors and the clinics and hospitals they're associated with, all the other hospitals and walk-in clinics in town and my dentist asking for detailed list of their employees and all the things each finds morally reprehensible and they therefore would refuse me treatment for.  I'm going to make myself such a nagging royal pain in the ass for the medical establishment around here that they'll scream for a repeal.  I hope you all will join me.

I am also going to suggest to my doctor (who I know isn't one of these christofascists) that she and her fair-minded colleagues publish a list of area physicians, clinics etc. that are safe for all people to visit.

Lurleen on Twitter


I already do that!
When searching for a doctor, the first thing I ask is if they hold religious beliefs or moral codes that would render them unable to provide any medical procedure due to my status as a childfree lesbian woman. If I walk in and the doctor is wearing a big cross, I walk right back out. I also seek referrals from other Pagan friends. I don't want to put my health or life at risk due to some doctor's belief in a vengeful sky daddy, and I refuse to give money to people who would use those funds to lobby against me.

God save ornery old queens! - kevinchi

[ Parent ]
I do the same, although
I don't immediately assume that someone wearing a cross is The Enemy.  I've found that doctors are usually a bit startled when I tell them for the first time that I'm a lesbian and would like to know if they've learned anything new recently that is pertinent to lesbian health.  But they always take it in stride and seem pleasantly appreciative to have a patient taking an active role in her health care.  I've been lucky with my encounters with the medical world.

I also keep on the people at the desk where you check in that none of the choices "married, divorced, single" describe me or the legal landscape in the state (we have domestic partnerships here), and that they need to update their forms.  it's interesting how some providers changed their forms almost immediately, while others are laggards.  but to me the most important thing is having that brief, respectful and informative conversation with the desk ladies.  they are not to blame for shape of the forms, but get the "opportunity" be reminded by a Real Live Lesbian about the ins and outs of daily annoyances we LGBT people face in their hetero world.

Lurleen on Twitter


[ Parent ]
How much power do the AMA and the AHA have?
Can't they crack down on hospitals that allow discrimination? Isn't there some disciplinary measure they can take against doctors, nurses, and pharmacists who don't follow their non-discrimination policies?

Tax the Christian Taliban!

none as far as i know.
doctors licenses come from the government, not the ama.  they can speak out loudly, but i'm not sure they can do more.

Lurleen on Twitter

[ Parent ]
See my post below re court challenge - AHA has great power
All hospitals have standard operating procedures. All hospitals have departments that credential doctors for hospital privileges. Doctors are not entitled to admit anyone to any hospital or perform any procedure in said hospital. They are admitted after evaluation to the medical staff, and the medical staff need not admit even qualified doctors if they already have an overcapacity of doctors in that specialty.

State licensure isn't the only way to regulate access of doctors to facilities.


[ Parent ]
can I sue the CMA, the shrub and the religious right
If I am injured as a result of the actions of a patient with a psychiatric disorder not being treating appropriately for that disorder because his/her physician's was morally (religiously) opposed to such treatment?


I predict rapid court challenge
I also predict that purely private organizations are under no obligation to comply. This means that private certifying bodies, eg specialty boards, may make invoking the conscience clause outside the traditional bounds a cause for revocation of the cert. due to the "unprofessional or unethical behavior" clause in Board eligibility requirements.

I don't see that the regulation would deny the right of a plaintiff to seek damages in civil court on the grounds that care given was not "standard of care" quality. The doctor is expected by professional ethics, "standard of care", and "informed consent" protocols to mention major care options promoting the health of the patient (NOT "patients"), and to make pertinent referrals when the doc does not provide that particular procedure (to anyone medically benefiting from it).

The AHA isn't kidding when it objects to the rule. Expect big bucks from them to support any suit.

BTW, Planned Parenthood and other reproductive health organizations and medical organizations (including GMLA, Gay and Lesbian Medical Association) have been lobbying and urging people to comment on this rule in the public record (at the HHS site) since the day the proposal was released. The feminists have been all over this. The doctors have been all over this. There were thousands of comments opposing the new rule. It makes no difference, the president essentially enacted law by himself.

And yes, the rule was meant to protect discrimination regarding patient status and not just procedure. The Benitez (lesbian insemination) case ruling held that if a physician provided a procedure for medically eligible married women, it had to provide the procedure for all medically eligible women. This ruling was one of two main impetuses for the Bush rule, the other factor being the ACOG (American College of Obstetrics and Gynecology, the parent of the specialty board offering certification) new rule that all members must refer patients to abortion or contraception providers, although members are not required to participate in those services. (see first paragraph - the feds have no power over ACOG, a purely private group).

What's the big deal about Board certification or eligibility? Most hospitals won't allow physicians to admit patients independently or perform surgical procedures without appropriate Board certification (or eligibility, if just out of residency). Even if board certification is not required or the physician does not seek medical staff (admitting) privileges at a hospital, should a lawsuit arise from bad outcome relating to actions or advice in that non-certified doc's office practice, that doc will be portrayed as not up to standard because not certified.


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