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Legislation

Fordham Law School

2004

Patient rights

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Saving Roe Is Not Enough: When Religion Controls Healthcare, Susan Berke Fogel, Lourdes A. Rivera Jan 2004

Saving Roe Is Not Enough: When Religion Controls Healthcare, Susan Berke Fogel, Lourdes A. Rivera

Fordham Urban Law Journal

This article advocates for legislative action against the "religious exemptions" or "conscience clauses" used by religiously-affiliated healthcare facilities, particular in the context of refusing abortion, sterilization, and other reproductive health services. Among other recommendations, the authors call for religious exemptions on the individual rather than institutional level; that the religious exemption be disallowed in rural areas or situations where reasonable alternatives are unavailable; and a requirement that complete, medically accurate information be made available regardless of a religious exemption.