Today, the Second Circuit ruled that a private individual does not have a right to sue her employer after being forced to participate in an abortion.
The plaintiff in the case, Catherina Lorena Cenzon-DeCarlo, was a nurse at Mt. Sinai Hospital in New York, where she was forced to participate in an abortion. She later brought suit against the hospital alleging that it had violated the federal Church Amendments by discriminating against her for objecting to participation in abortion. In January, a lower federal court dismissed her case, finding that the Church Amendments do not provide for a private, individual cause of action.
In May, AUL filed an amicus brief before the Second Circuit on behalf of the National Association of Prolife Nurses, the American Association of Pro-Life Obstetricians and Gynecologists, Physicians for Life, Christian Medical & Dental Associations, and the Catholic Medical Association.
Together, these groups represent over 19,000 health care professionals across the nation whose freedom of conscience is implicated when facilities like Mt. Sinai Hospital are allowed to force participation in abortion and other controversial procedures without regard to their employees’ religious, moral, or conscientious convictions.
AUL argued that the right of conscience is a fundamental right affirmed by our founders as well as by the U.S. Supreme Court. It is available here.