Ms. magazine  -- more than a magazine a movement

SIGN UP FOR MS. DIGEST, JOBS, NEWS AND ALERTS

FEMINIST WIRE NEWSBRIEFS

ABOUT
SEE CURRENT ISSUE
SHOP MS. STORE
MS. IN THE CLASSROOM
FEMINIST DAILY WIRE
FEMINIST RESOURCES
PRESS
JOBS AT MS.
READ BACK ISSUES
CONTACT
RSS (XML)
 
feminist wire | daily newsbriefs

June-28-12

Woman Allowed to Sue Over Conscience Clause

A federal court ruled this week that a Florida woman could sue her local Sheriff's department because, after being raped, the woman was denied the second dosage of the morning after pill by a prison guard who objected to it. The woman, identified only as R.W., sought help at a clinic after being raped and was prescribed the pill as a precaution. When the police investigated the rape, they discovered an unrelated warrant for R.W.'s arrest and took her into custody. R.W. was then denied the second pill by a prison guard, Michele Spinelli, who said the pill violated her religious beliefs. Florida has a religious conscience clause, which allows health providers to deny certain treatments or procedures if they have moral objections.

US District Judge Elizabeth Kovachevich had ruled in March that the sheriff was improperly named as a defendant, but yesterday, in response to a revised complaint, she ruled that the Sheriff, David Gee, could be sued. She wrote, "Gee, as the representative of the municipality, promulgated no policy on anticonceptive medication and provided no guidance or supervision to Spinelli on the matter. Given that some entity must set policy for the government in each situation, plaintiff has rendered plausible the claim that Spinelli was designated the final policy-maker with respect to her decision to withhold anti-conceptive medication for religious reasons."

Besides Florida, Maine and Tennessee also have refusal measures. Most recently, Kansas Governor Sam Brownback signed a state law in May establishing a conscience clause in the state. This law specifically allows pharmacists to deny medication that they object to. Arkansas, Georgia, Mississippi, and South Dakota also have laws that apply to pharmacists.

Media Resources: Huffington Post 6/27/12; Raw Story 6/26/12; Courthouse News Service 6/25/12; Feminist Daily Newswire 5/15/12


© Feminist Majority Foundation, publisher of Ms. magazine

If you liked this story, consider making a tax-deductible donation to support Ms. magazine.

 

 

Send to a Friend
Their
Your
Comments
(optional)


More Feminist News

11/25/2014 Feminist Majority Foundation President Eleanor Smeal Responds to Ferguson Grand Jury Decision - The following is the statement of Eleanor Smeal, the Founder and President of the Feminist Majority Foundation: "The Feminist Majority Foundation is outraged at the decision not to indict Darren Wilson. This should have been a public trial. . . .
 
11/25/2014 Marissa Alexander Has Accepted a Plea Deal - Marissa Alexander, the woman imprisoned for firing a warning shot in the presence of her abusive husband, chose to accept a plea deal Monday with the state of Florida, pleading guilty to three felony counts of aggravated assault. As part of the plea deal, Alexander received three years imprisonment, but she will be credited for the time she's spent behind bars. . . .
 
11/24/2014 The City of Louisville Has Overwhelmingly Approved a CEDAW Resolution - The city of Louisville, Kentucky approved a resolution that will use the UN Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW) as a framework for all future policy aimed at ending gender-based discrimination. Councilwoman Tina Ward-Pugh introduced the resolution, which passed overwhelmingly on November 6. . . .