Bush Administration regulation to challenge “Plan B”

The Bush Adminstration is still in power for a few more weeks, to the chagrin of Attorney-General Blumenthal. Federal regulations are being proposed that could supersede the plan under which Connecticut hospitals give contraception to rape victims. From the Courant:

The rule, issued by the U.S. Department of Health and Human Services, reinforces protections for health care workers and institutions who refuse to provide services they object to, including abortion.

When it takes effect Jan. 18, the regulation will override the 2007 Connecticut law that requires hospitals to provide emergency contraception, commonly known as Plan B, to rape victims, Blumenthal said.

“We went through a very lengthy, painstaking, contentious process to reach our statute in Connecticut, which has worked well for everyone,” Blumenthal said. “This administration’s new regulation threatens to blow apart that very significant balance of interests and compromise.”

At Mr. Blumenthal’s web site, his outrage was evident:

“I will fight this outrageous rule — the outgoing Bush Administration’s latest and last swipe at women’s health. This rule is an appalling insult and abuse — a midnight power grab to deny access to health care services and information, including even to victims of rape. Our strong coalition of states will fight fiercely to block this reprehensible threat to hard-fought patient and victim rights.

“This Provider Conscience Rule, thinly veiled as a promise of fairness to doctors, jeopardizes assurances that sexual assault victims are provided emergency contraception. This new rule puts personal agendas before patient care — protecting doctor objections, but entirely ignoring the rights of rape victims and others to access birth control and other vital services. This rule upsets the careful balance between physician beliefs and a patient’s right to affordable, accessible health care.

In September 2007 Connecticut Catholic Archbishop Mansell described the Connecticut bishops’ policy as follows:

Catholic hospitals will continue to administer a pregnancy test to determine if the woman has conceived.

If the pregnancy test is positive, contraceptive medication will not be administered.

This policy is consistent with the new law and with the Ethical and Religious Directives of the United States Conference of Catholic Bishops.

Catholic teaching is adamantly opposed to abortion, but not opposed to emergency contraception for a woman who is a victim of rape.

This position has been criticized and even satirized by some other Catholics who feel it does not go far enough in upholding Catholic teaching. See discussion here at the FIC Blog.

Can you refuse to marry a gay couple in Connecticut?

If you are a public official, the answer is clearly “no.”  Attorney-General Blumenthal has issued an opinion which recognizes gay marriage as being on a par with other civil rights, pursuant to the recent Supreme Court decision in the Kerrigan case.  Says Mr. Blumenthal:

Section 46b-22 does not impose a duty on persons authorized to perform marriages to perform a marriage for any particular couple or establish a right for couples seeking to marry to have the ceremony performed by a particular authorized person.  However, as is currently the case, public officials who have been authorized to perform marriages may not refuse to perform a marriage for discriminatory reasons, in violation of the Connecticut Constitution.

 

As I read this, clergy may refuse to marry anyone, but public officials who are authorized to solemnize marriages may not, as it would be a violation of those persons’ state constitutional rights.

The Greenwich Time ran an interesting piece last week about the impact of our new situation upon justices of the peace.

In the wake of his expanded duties, one justice of the peace was thinking about stepping down.

“I haven’t had to face that issue, thank God,” said justice Forbes Delany, asked if he would be willing to perform gay marriages. “I can turn down anyone.”

Three days after the release of Blumenthal’s legal opinion, Delany said he was no longer interested in being a justice of the peace. Asked if his decision was influenced by Blumenthal’s statement that justices may not refuse to marry gays, Delany said only, “I think I have to take my name off the list.”

Reactions from other justices range from disappointment to celebration.

Byram Republican Emil Smeriglio, a justice for 25 years and born-again Christian, said last week, “Frankly, it’s against my religion.”

“It’s a discretionary call, I thought,” he said.

 

I’m afraid that Mr. Delany and Mr. Smeriglio will have to make a call based on conscience in our Brave New State.  Indeed, this is only the beginning of a soft expulsion of committed Christians and other traditionalists from public life.

Online advertising cleaning up its act

We applaud Connecticut State Attorney-General Blumenthal for his role in making popular site Craigslist see the light when it comes to advertising for illicit sex.

Craigslist, the classifieds website, said Thursday that it was taking steps to prevent people from posting classified ads for prostitution and other illegal activities after reaching a pact with more than 40 states and U.S. territories.

“It’s profoundly significant as a model to track down and crack down on illicit sex and other illegal activities,” said Connecticut Atty. Gen. Richard Blumenthal, who has criticized the site for some of the ads it allows and spearheaded the deal. “Craigslist has been very cooperative about acknowledging the problem and addressing it.”

Read more here.